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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision en banc Decision 2016Du32992 Decided September 3, 2020 【Revocation of Disposition Notifying Non-Legalization of Trade Union】 [full Text]
Summary
[1] In the principle of parliamentary reservation subsumed in the principle of statutory reservation, which comprises a key component of the rule of law under the Constitution, method of determining whether a certain matter constitutes an essential matter that needs to be voluntarily determined by the National Assembly
When restricting fundamental and essential matters relating to people’s rights and obligations, as well as people’s freedom or rights guaranteed under the Constitution, whether the essential matters comprising such restriction ought to be voluntarily regulated by the National Assembly through laws (affirmative)
[2] Whether an enforcement decree of a law can revise or complement matters pertaining to an individual’s rights and obligations stipulated by the law or stipulate new matters that are not prescribed in the law without legislative delegation (negative)
[3] Whether Article 9(2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act that stipulates matters regarding notification of non-legalization of a trade union that are left unstipulated in the Act without legislative delegation is a provision that fundamentally restricts the three labor rights under the Constitution and is thus null and void in and of itself (affirmative)
[4] In the case where: (a) the Minister of Employment and Labor accepted a report on establishment of a trade union submitted by Trade Union A, which consists of teachers and education workers of nationwide public and private schools as members, and issued a certificate of report of establishment; (b) the Minister demanded correction of the bylaw that allows non-workers to join the union on the grounds that “although the Minister demanded, on two separate occasions, Trade Union A to correct the relevant bylaw, but Trade Union A nonetheless did not follow the demand, and to the Ministry’s knowledge, dismissed workers joined the trade union as a member and are currently in active operation,” but Trade Union A did not correct the bylaws; and (c) the Minister of Employment and Labor notified Trade Union A that it “shall not be regarded as a trade union under the Act on the Establishment, Operation, etc. of Teachers’ Unions” in accordance with Article 14(1) of the Act on the Establishment, Operation, etc. of Teachers’ Unions, Article 12(3)1 and Article 2 Subparag. 4 Item (d) of the Trade Union and Labor Relations Adjustment Act, Article 9(1) of the Act on the Establishment, Operation, etc. of Teachers’ Unions, and Article 9(2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act, the case holding that Article 9(2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act regarding notification of non-legalization of a trade union is against the constitutional principle of statutory reservation and thus is invalid in and of itself and, therefore, that the foregoing notification of non-legalization of a trade union based on the said Article is devoid of legal grounds and is therefore unlawful
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