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The Supreme Court judged that it was illegal to notify the entire KTU to an out-of-law union on the grounds that a dismissal teacher was enrolled, and therefore the disposition of the Ministry of Employment and Labor was invalid.
There is no legal intent at disposal and it violates labor rights.
Reporter Bae Jun-woo reports.
<Reporter> The
Supreme Court's all-government body raised the hand of the KTU in a lawsuit for canceling the disposition of the notification of the non-law union against the Ministry of Employment and Labor.
Both the first and second trials decided that "in the light of the uniqueness of the teacher union, the union to which the dismissed teacher is joined is not legal", which was reversed.
[Kim Myung-su/President of the Supreme Court: According to the majority opinion, the decision is as follows.
order.
The judgment of the court below is reversed and the case is returned to the Seoul High Court.] The
key issue was whether the law had the basis for the Ministry of Employment and Labor disposing of the KTU as an off-law union.
10 out of 12 Supreme Justices decided that when notified by an out-of-law union, constitutional rights such as labor rights were limited, so the legal basis should be clear.
Two people, including Lee Ki-taek and Supreme Justice Lee Dong-won, expressed their opposition, saying, "There is no legal system in a civilized society that accepts compulsory claims to only ask for legal status without obeying the Ministry of Employment and Labor's corrective orders."
With this ruling, the KTU does not immediately become a legal union.
The union status outside the law will be maintained until the deliberation for revocation is over.
The KTU said, "We welcome the Supreme Court ruling that corrected the history of state violence and judicial justice."
The Ministry of Employment and Labor decided to initiate a procedure to cancel the disposition that it declared the entire KTU as an off-law union immediately after the Supreme Court decision.