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The Supreme Court judged that the government's disposition that the nationwide faculty and staff union was an off-law union was invalid because of the fact that a dismissed teacher was joined. Accordingly, the KTU is able to regain its status as a legal union seven years after receiving the disposition of the illegal union.
This is Lee Han-seok reporter.
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Supreme Court Council rejected the court's judgment that the government's notification of the non-statutory union was justifiable at the court for canceling the disposition of the notification of the extra-legal union filed against the Minister of Employment and Labor by the entire KTU and returned the case to the Seoul Court.
First, the Supreme Court saw that the laws that the government used as the basis for disposition of the foreign union was a violation of the constitution.
The Supreme Court concluded that restricting the rights of citizens under the Constitution is only possible under laws set by the National Assembly, and judged that the government's disposition of foreign unions was unjust as it was based on the enforcement decree, not the law.
In addition, eight Supreme Justices pointed out that, in the majority opinion, notification of out-of-law unions substantially restricts the three labor rights under the constitution, but the current trade union law does not have any provisions.
Therefore, it was concluded that the provisions of the enforcement decree stipulating the external union notification system were invalid, contrary to the constitutional legal retention principle.
Earlier, both the 1st and 2nd trials raised the government's hand, saying that it is legal to notify the entire KTU.