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December 2013 Press conference on the suspension of the railway union strike▶ Click here to enlarge
The Supreme Court ruled that even if the union approved a strike by vote before the Labor Commission resolved the labor dispute, it could not be considered a violation of the industrial action procedure.
The second party of the Supreme Court (Chief Justice Roh Jeong-hee) announced on the 26th that it had upheld the court case of the plaintiff’s defeat in the appeal of the Korean Railway Corporation’s appeal against the Central Labor Committee for cancel the retrial for unfair disciplinary action.
The 21 union members of the Korea Railroad Corporation had the first strike in December 2013 and the second in February 2014, and were later referred to the disciplinary committee and were subject to disciplinary measures such as dismissal, dismissal, honesty and reduction of salary.
Disagreeing with the disciplinary decision, they subsequently requested relief from the Seoul Regional Labor Commission and the Central Labor Commission, and all disciplines were canceled as it was admitted that the reason for the disciplinary action was not justified.
The management argued that the purpose of the first and second strikes was illegal, regardless of the maintenance and improvement of the working conditions established by the Trade Union Law as just cause for dispute. It added that the second strike was illegal because it did not go through the dispute resolution procedure before the legal action.
However, the first trial did not accept the opinion of the railway corporation.
The court decided that the purpose of the first strike should be seen as a ‘decision to invest for the establishment of a corporation’ rather than the ‘prevention of the establishment of a corporation’. It is intended to be seen as a strike related to working conditions, not as a strike for political purposes.
The second strike also dismissed the request from the Railway Corporation, saying it included a salary schedule and was justified.
In the second trial, the issue was that the union vote, which approved the second strike, took place before the work committee resolved the dispute.
The Ministry of Justice noted that while the Trade Union Law requires a dispute resolution procedure prior to the strike, this is to prevent the strike, not to prohibit the strike.
At the same time, it was determined that even if the Labor Commission was in the process of mediating labor disputes, it was allowed to vote for and against strikes early in the event that mediation could not take place.
The Korea Railway Corporation appealed, but the Supreme Court dismissed it, saying there was nothing wrong with the court’s ruling.
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