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Supreme Court all consensus ‘Notification of all external unions of KTU invalid’ … Destruction or return
The majority opinion of 10 Supreme Court justices “Notification of all KTU outside the unions of the law is not valid”
Lee Ki-taek · Lee Dong-won “Does not meet the requirements established by law” … Stop minority opinion
Restoration of legal union status regardless of revision of the KTU, law on trade unions
The Supreme Court decision was made that the government provision notified by the National Union of Teacher Workers as a non-legal union was neither legal nor invalid.
Consequently, the entire KTU, which lost their legal status at the time of the Park Geun-hye administration, regained their legal status after 7 years.
Connect with reporters. Reporter Jo Sung-ho!
Did you say that the Supreme Court issued a ruling admitting the legal status of KTU?
[기자]The entire consensus of the Supreme Court ruled some time ago an appeal decision in administrative litigation requesting the Ministry of Employment and Labor to annul the provision to notify the foreign union.
The case was returned to the Seoul High Court after the defeat of the KTU court ruling.
The Supreme Court justices, including the Chief Justice Kim Myung-soo, determined that the notification of the non-legal union sent to the KTU was invalid with the opinion of 10 people in favor and 2 people against.
Because the provisions of the Teachers Union Law and the Law Enforcement Decree of the Trade Unions, which are the basis for notification of external unions, are not based on the union law, which is a higher law, or they are not bound by the trade union law, it is contrary to the principle of constitutional legal retention that the invocation of administrative power must be made based on the law.
At the same time, it was found that notification of outlaw unions not simply removes legal protections for unions, but substantially restricts all three labor rights under the constitution.
In particular, it noted that said system is not substantially different from the union dissolution order system, which was abolished in the past because it violates the workers’ right to organize and the independence of the union.
Two others, including Lee Ki-taek and Judge Lee Dong-won, disagreed and said they should not be accepted for compelling claims, such as asking only for legal status and protection that is provided if requirements are met without meeting. with the requirements established by law, but only a few.
Supreme Judge Kim Seon-eun, who participated in the lawsuit as an agent of the KTU as a lawyer, was excluded from this hearing.
Before that, in October 2013, the Park Geun-hye administration at the time of the Ministry of Employment and Labor issued a notice to the foreign union, saying that it was not a legal union because the entire KTU recognized some dismissed teachers as members. .
Consequently, the KTU has filed a lawsuit requesting the court to cancel the provision of notice and stay the enforcement of the provision.
The first and second trials ruled against the entire KTU for missing the fact that the fired was clearly a union member.
In the Moon Jae-in administration, the Ministry of Employment and Labor is carrying out a review of the law that allows unemployed and laid-off teachers to join and participate in union activities in accordance with the ratification policy of the Basic Convention of the International Labor Organization.
However, regardless of the bill’s passage, the KTU has virtually restored its legal union status under current law through this ruling.
So far in the Supreme Court, YTN Sung-ho[[email protected]]it is.
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