Whether the deregistration notification of trade union rendered to the Korean Teachers and Education Workers Union is legally valid?
- It is not valid without delegation by the law v. It is valid despite no delegation by the law
■ With respect to the case of the cancellation of the deregistration notification of trade union (Supreme Court case no. 2016Du32992, Justice in charge: Justice Rho Tae-ak), an oral argument before the en banc court, where Chief Justice and all the Justices are sitting, will be held at the Grand Courtroom on May 20, 2020 at 14:00.
■ This is the seventh oral argument in public since the inauguration of the 16th Chief Justice Kim Myeongsu.
■ Intense arguments and debates from the parties are to be expected to occur at the Grand Courtroom.
■ To gather a wide range of opinions, the presiding judge (Chief Justice Kim Myeongsu) made a request for an amicus curiae brief on issues to two organizations: the Labor Law Institute Hamil and the Center for Labor Law and Social Security Law under the Legal Research Institute of Korea University.
■ In addition, the court will make a request to summon a labor law expert as reference witness, so that the person will state his/her opinion orally on the hearing date.
■ All the proceedings of the hearing including arguments among the chamber, the attorneys representing the parties to this case, and reference witnesses will be made public.
- By referring a case of great social importance to oral argument, fairness and transparency of a trial will be enhanced.
- The people may transparently see how a hearing proceeds at the Supreme Court where decides only questions of law.
An opinion is usually expected to be rendered within 3 to 6 months after argument; however, the exact date is to be announced.
[A hearing schedule]
■ Estimate of the duration of argument: two hours starting from 14:00.
■ A summary on issues by the chamber, arguments by issues, questions and answers among the attorneys representing the parties and reference witnesses will be proceeded.
■ Visitor’s guide to oral argument
- Admission tickets will be distributed on May 20, 2020 (the argument date) starting from 13:10.
- There may be a limitation on the number of attendees and procedures, depending on the circumstances of Covid 19.
■ Broadcasting, etc.
- The oral argument will be broadcast live online via the Supreme Court official website, Naver TV, Facebook Live, and YouTube on May 20, 2020 from 14:00.