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| TITLE | Supreme Court en banc Decision 2016Du32992 Decided September 3, 2020 【Revocation of Disposition Notifying Decertification of Trade Union】 [full Text] |
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| Summary | |
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[1] In the principle of parliamentary reservation subsumed in the principle of statutory reservation, which comprises a key component of the principle of the rule of law under the Constitution, method of determining whether a certain matter constitutes an essential matter that fall within the prerogative of the discretionary determination by the National Assembly When restricting fundamental and essential matters relating to individual rights and obligations, as well as individual freedom or rights guaranteed under the Constitution, whether the essential matters comprising such restriction ought to be voluntarily regulated by the National Assembly by statutes (affirmative) [2] Whether an enforcement decree of a statute can revise or complement matters pertaining to an individual’s rights and obligations stipulated by law and stipulate new matters that are not statutorily prescribed without legislative delegation (negative) [3] Whether Article 9(2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act, which stipulates matters regarding notification of decertification of a trade union that are left unstipulated in the Act without legislative delegation, is a provision that fundamentally restricts the three labor rights enshrined in 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 the establishment of a trade union submitted by Trade Union A, which consists of teachers and education workers of public and private schools nationwide as members, and issued a certificate of report of establishment; (b) the Minister demanded that Trade Union A take correction measures, such as revision of the relevant bylaw provision allowing non-workers to join the union, on the grounds that “although the Minister demanded, on two separate occasions, that Trade Union A revise the relevant bylaw provision, Trade Union A nonetheless did not heed the demand, and to the Ministry’s knowledge, dismissed workers are currently joined in the trade union as members and participating in union activities,” but Trade Union A did not revise the bylaw; 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 decertification of a trade union contravenes the constitutional principle of statutory reservation and thus is invalid in and of itself and, therefore, that the foregoing notification of decertification of a trade union based on the said Article is devoid of legal grounds and is therefore unlawful |
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