Ruling Party: "Political Judgment, Opposition with Filibuster and Veto"
Opposition: "Securing Legislative Legitimacy through Judgment... Proceed as Quickly as Possible"

The Supreme Court ruled in favor of the labor union in the strike by the Hyundai Motor irregular workers' branch, increasing the likelihood that the opposition party will forcibly pass the Yellow Envelope Act (amendments to Articles 2 and 3 of the Labor Union Act) during the June extraordinary session of the National Assembly. The Yellow Envelope Act is a bill that limits the employer's indiscriminate claims for damages caused by union strikes and was directly referred to the plenary session by the Democratic Party and the Justice Party on the 24th of last month. The opposition argues that this Supreme Court ruling confirms the legislative legitimacy of the Yellow Envelope Act, thus eliminating President Yoon Seok-yeol's justification for exercising his veto power. The ruling party clearly opposed the bill, citing Chief Justice Kim Myung-soo's political bias and mentioning filibusters and President Yoon's veto power.


Kim Young-jin, the Democratic Party's floor leader on the National Assembly's Environment and Labor Committee, held a press conference at the National Assembly on the 16th, stating, "The ruling yesterday clearly aligns with the intent of the amendments to Articles 2 and 3 of the Labor Union Act, which have been discussed in the National Assembly for over a year, and reflects the current situation," adding, "We respect the ruling and promise to work together on the amendments." Regarding the schedule for plenary session approval, Kim said, "We will work closely with the party leadership to proceed as quickly as possible."


[Image source=Yonhap News]

[Image source=Yonhap News]

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Democratic Party members of the Environment and Labor Committee stated regarding the ruling, "The Supreme Court ruling confirms that the Democratic Party's efforts on the Yellow Envelope Act were not wrong," and added, "The government's and ruling party's claims and justifications that it is a 'strike-inducing law,' that limiting damage claims even when losses occur due to illegal strikes only intensifies social controversy, that it is legislative overreach, that it infringes on employers' property rights, and that it does not conform to the legal system have all been proven wrong." They emphasized, "Now President Yoon and the People Power Party must join in passing the amendments to Articles 2 and 3 of the Labor Union Act."


However, the People Power Party fiercely criticized the Supreme Court's ruling as "judicial intrusion into the legislative branch." Yoon Jae-ok, the floor leader of the People Power Party, said at the party's morning meeting at the National Assembly, "The Supreme Court has supported the Yellow Envelope Act with precedent and arbitrarily legislated a contentious bill of the National Assembly," adding, "This is a political ruling rather than a legal one and challenges the constitutional principle of separation of powers between the legislature and judiciary." He emphasized, "The government and ruling party promise to firmly block the Yellow Envelope Act."


There were also claims that this ruling was Chief Justice Kim Myung-soo's 'entrenchment' as his term nears its end. Floor leader Yoon said, "Although the Kim Myung-soo Supreme Court system is ending soon, and although the presiding justice of this case, Justice Noh Jeong-hee, is known for 'basket voting,' the Supreme Court, which should be fair and neutral, has issued such a biased ruling and a ruling that grants immunity for not abiding by the law. This is unacceptable," adding, "This ruling is an entrenchment of the Yellow Envelope Act ahead of the replacement of several justices, including Chief Justice Kim."

Supreme Court

Supreme Court

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Currently, the Yellow Envelope Act was directly referred to the plenary session by the Environment and Labor Committee of the National Assembly on the 24th of last month. Considering the 30-day reflection period before the bill is brought to the plenary session, it is possible to schedule and process the bill during the June extraordinary session. According to current National Assembly law, if there is no agreement between the ruling and opposition parties, the decision on whether to bring the bill to the plenary session is made by a vote at the first plenary session after the reflection period.



The People Power Party is also considering a filibuster (legal obstruction of parliamentary proceedings) as a means to block the passage of the Yellow Envelope Act in the plenary session. A key party official said, "The Yellow Envelope Act was passed through the standing committee and directly referred to the plenary session solely by the Democratic Party, and it is a problematic bill that has not been properly discussed in terms of content and systematic arrangement," adding, "We can filibuster." Im Eui-ja, the People Power Party floor leader on the Environment and Labor Committee, urged the party leadership to request the president's veto power. Im said, "The opposition is doing its best, including filing a constitutional complaint and a provisional injunction with the Constitutional Court to prevent the unilateral passage of the 'illegal strike-inducing law' in the National Assembly," adding, "Regardless of this ruling, I demand the leadership request the president's veto power as a last resort."


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

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