[ad_1]
View larger“The notification of non-law unions to the National Union of Teachers Workers (KTU) is against the Constitution, since it is an implementing decree that has no legal basis and restricts the basic rights of people.”
On the 3rd, the integral organ of the Supreme Court ruled that the notification of the entire KTU union was illegal by the Ministry of Employment and Labor. The Supreme Court finds that the deprivation of the legal status of a union severely restricts the three labor rights, so there must be a clear and specific legal basis, but there is no provision in the law and no enforcement ordinance mandates it.
○ “It is unconstitutional by limiting the basic rights of the Constitution through an executive decree”
Among the 12 people who participated in the Supreme Court hearing, 8 people, including Chief Justice Kim Myung-soo and 7 Supreme Court judges, who gave majority opinions, pointed out the illegality of the Trade Union Law and the Related enforcement ordinances, which the government used as the basis for notifying the KTU. In article 2 of this law, there is a provision that says that ‘if a person who is not a worker can join, it is not considered a union’, and the executive decree states that ‘take into account that it is not considered a union under this law. ‘ Based on this, the first and second trials ruled that the government’s notice of the illegal union was legal. The KTU has nine fired teachers convicted of violating the Public Positions Election Act as union members.
However, the majority opinion said that the government considers this as one of the grounds for disqualification in accepting the union establishment report, and does not mean that it is possible to notify a non-legal union about a union that has already been formed and operated. legally. Therefore, it is the judgment of the Magistrates of the Supreme Court of Justice that there is no legal basis for the execution decree based on this clause.
The Supreme Court also noted that the provisions of this executive decree have been revived by the executive without legal basis for the abolished union dissolution order system. This system, which allowed administrative offices to dissolve existing unions at will, was abolished in 1987 because it violated the right of workers to organize and the independence of unions. The foreign union notification system, which was introduced in 1988, is the same as the union dissolution order system that has already been abolished. According to the Supreme Court decision, the provisions of the executive decree that established that “in order not to be considered a union must be notified”, were no longer valid. The road to legalizing the entire KTU was also reopened after 6 years and 10 months. Judges Kim Sang-Hwan Roh Tae-ak and Noh Yoo-sook, Noh Jeong-hee and Supreme Court Justice Kim Sang-hwan, who gave majority opinions with Chief Justice Kim, were nominated by Justice of Supreme Court Kim.
○ The trials are mixed on the union affiliation of the dismissal
The eight Supreme Magistrates, who gave the majority opinion, questioned the unconstitutionality of the administrative provisions instead of directly judging whether the KTU-wide act of maintaining the union membership of the dismissed teachers was legal. Judge Ahn Chul-sang and Kim Jae-hyung, the conclusion that it was illegal to notify the union outside the law was the same as the majority opinion, but through a separate opinion, he criticized the issue of union law head-on.
Judge Ahn ruled that the KTU act that recognized the status of a dismissed teacher as a member of the union could not be considered serious enough to deprive the union of its status. Judge Ahn said: “It is a strong standard of the international community, such as the International Labor Organization (ILO), to allow laid off workers to join the union,” and said: “The legitimacy of the union must be evaluated according to its activities, and it’s not about deciding whether to join a fired teacher. ” Judge Kim also pointed out that it is illegal to view the entire KTU as a non-legal union, saying: “You should not deny the membership of a worker who is fired while working as a union member and take away the legal status of the union.” .
On the other hand, Judge Lee Ki-taek Lee Dong-won, who disagreed with the separate opinions, decided that the government’s provision of notice of non-legal unions was legitimate in the same way as in the first and second trials. . The two Supreme Court magistrates pointed out that “the provisions of the law in this case are very clear and there is no room for other interpretations.” “The entire KTU is a non-legal union and the Ministry of Labor must notify the non-legal union.” The two Supreme Magistrates strongly criticized that “this partial legal system is completely flawless and has no problems”, and that “most opinions do not interpret the law and do not create the law themselves.”
○ All KTU litigation, repeated for 6 years and 10 months
The demands of the KTU and the Ministry of Labor on the legality of the notification of unions outside the law continued for 6 years and 10 months after October 2013. Meanwhile, when the entire KTU asked the court to “suspend the notification of the external lawyers union during the trial ”, the Ministry of Employment and Employment repeatedly went through the appeal process against him.
The courts of first and second instance and the Supreme Court handed down a total of nine judgments in relation to the case of the “ Cancellation of the Notice of Notice of Illegal Union ” by the KTU from October 2013 to 3 this month. The first and second trials and the Supreme Court ruled on the annulment of the notification provision of the illegal union. During the trial, the Seoul Administrative Court, the Seoul High Court and the Supreme Court made a total of six decisions on whether to allow the lawful activities of the entire KTU by suspending the provision to notify the foreign union.
At this time, the status of the “legal union” of the KTU also changed. In November 2013, the court of first instance accepted the request of the entire KTU and decided to “act legally during the first trial”. Immediately, the Ministry of Employment rebelled and lodged an appeal against the Seoul High Court, a higher court, but it was not accepted either. The Supreme Court made the final decision four years after 2016.
Seok-Jun Bae [email protected] · Reporter Go Ceramics
Copyright by dongA.com All rights reserved.
