"CJ Daehan Tongun's Refusal to Negotiate with Courier Union Deemed Unfair Labor Practice... Subcontract Management Impact Expected"

[Asia Economy Reporter Kim Daehyun] The court ruled that CJ Logistics' refusal to engage in collective bargaining with delivery workers constitutes an 'unfair labor practice.'

On the afternoon of the 12th, the Seoul Administrative Court Administrative Division 12 (Presiding Judge Jung Yongsuk) ruled against CJ Logistics in the first trial of the lawsuit filed against the Chairman of the Central Labor Relations Commission, who requested the cancellation of the retrial decision that "refusal of collective bargaining is an unfair labor practice."

Earlier, in March 2020, CJ Logistics refused the collective bargaining request from the National Delivery Workers' Union (Delivery Union), which is composed of special employment contract (special types) delivery workers. These delivery workers provided labor to agency stores, which are subcontractors of the delivery company.

The local labor relations commission initially ruled in favor of CJ Logistics in the relief application filed by the Delivery Union.

However, the Central Labor Relations Commission, upon retrial, judged it as an 'unfair labor practice,' stating that "in indirect employment relationships such as primary and subcontracting, the primary employer can be recognized as a party to collective bargaining when it exercises substantial authority over the labor conditions of subcontracted workers."

CJ Logistics filed an administrative lawsuit in July 2021, disputing the Central Labor Relations Commission's decision, arguing that since they did not have direct contracts with delivery workers employed by the agency stores, they were not the employer.

Immediately after the ruling, a CJ Logistics official stated, "It is difficult to accept the first trial ruling that overturns existing Supreme Court precedents," and added, "We plan to carefully review the judgment once the written ruling is delivered and then file an appeal."

This content was produced with the assistance of AI translation services.