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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.
First, let’s look at the ruling of the Chief of the Supreme Court, Kim Myung-soo.
[김명수 / 대법원장 : 이 사건 시행령 조항은 법률이 정하고 있지 않은 사항에 관해 법률의 구체적이고 명시적인 위임이 없음에도 헌법이 보장하는 노동 3권에 대한 본질적인 제한을 규정한 것으로서 법률유보원칙에 반해 무효입니다.]The Justice Department said that notification of outlaw unions substantially restricts all three labor rights under the constitution.
The notification itself is intended to be unconstitutional, contrary to the principle of constitutional legal retention that the invocation of administrative power must be carried out in accordance with the law.
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 people, including Lee Ki-taek and Judge Lee Dong-won, disagreed and said that the claim that legal status and protection granted should only be accepted if the requirements are met without meeting the requirements should not be accepted. 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.
Regardless of the passage of the law, the KTU will be able to regain its legal union status under current law through this ruling.
However, the Supreme Court does not accept the request for suspension of the effect of the government’s provision until the outcome of the main lawsuit is known.
So far in the Supreme Court, YTN Sung-ho[[email protected]]it is.
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