Labor Minister: "Recent Supreme Court Ruling Cannot Serve as Basis for the Yellow Envelope Act"

Reemphasis with Second Press Reference Material Released Just Three Days After Verdict

The labor authorities have repeatedly emphasized that the recent Supreme Court ruling is unrelated to the so-called 'Noranbongtu Law' (Amendments to Articles 2 and 3 of the Labor Union and Labor Relations Adjustment Act). As there are expectations that this ruling could strengthen the 'Noranbongtu Law' and even calls that President Yoon Seok-yeol should not exercise his veto power, it is interpreted that the responsible ministry is drawing a clear line.

Lee Jeong-sik, Minister of Employment and Labor [Photo by Yonhap News]

On the 18th, the Ministry of Employment and Labor issued an unplanned press release stating once again, "Claims that the ruling serves as the basis for the union law amendment are not true." Earlier, on the 15th when the ruling was announced, the ministry had released a one-page press note with essentially the same content, but three days later, it issued a detailed six-page press release to provide further explanation.

The ministry explained, "According to current civil law and Supreme Court precedents, when a majority of union members engage in an illegal strike, the responsibility for damages must be borne jointly and severally by the majority of union members. The union law amendment denies this principle of joint tort liability under civil law (quasi-joint liability) and specifically requires that damages caused by illegal acts of the union be individually calculated one by one."

It added, "On the other hand, the recent ruling maintains that those liable for damages still bear joint and several liability, and it allows for a limitation ratio that reduces the amount of damages among joint tortfeasors?that is, the ratio of damage sharing between joint tortfeasors (perpetrators) and employers (victims) caused by illegal dispute actions can be differently determined among the joint tortfeasors." It concluded, "Therefore, the ruling is unrelated to the union law amendment, which stipulates exceptions to quasi-joint liability."

Minister of Employment and Labor Lee Jeong-sik, who has repeatedly argued against the unfairness of the 'Noranbongtu Law,' also spoke out directly. In the press release, Minister Lee stated, "This ruling cannot serve as a basis for the union law amendment," adding, "Our labor-management relations have aimed for a cooperative relationship that respects the law, and any approach that regresses these efforts by encouraging illegal strikes and undermining the rule of law is absolutely unacceptable." He further requested, "Once again, I ask for in-depth discussions in the National Assembly regarding the amendments to Articles 2 and 3 of the union law."

Earlier, on the 15th, the Supreme Court overturned the lower court ruling that had partially ruled in favor of Hyundai Motor Company in a damages claim lawsuit against four union members of the Hyundai Motor Irregular Workers Branch of the Korean Metal Workers' Union nationwide, and remanded the case to the Busan High Court. If the lower court ruling had been upheld as is, the four union members would have been jointly liable for 2 billion KRW in damages and delayed damages. However, according to the ruling's intent, after a detailed hearing in the retrial, union members with lesser involvement are likely to see a significant reduction in their liability amount.

The labor sector and opposition parties welcomed the Supreme Court's decision, saying it confirmed the legitimacy of the 'Noranbongtu Law.' On the other hand, the ruling party criticized in a chief spokesperson's statement, saying, "The Supreme Court under the Kim Myung-soo administration will be recorded as criminals for future generations."

The 'Noranbongtu Law' was led by the Democratic Party of Korea and the Justice Party and was directly referred from the Environment and Labor Committee to the plenary session of the National Assembly last month. The government, ruling party, and business community argue that if this law is enacted, 'strike absolutism' will become widespread, causing significant damage to the industrial field. Some predict that even if the law is passed in the National Assembly plenary session led by the opposition parties, President Yoon will exercise his veto power.

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