[판정취소][집14(2)행,029]
Whether or not a decision on review or arbitration under Article 88 or 89 of the Labor Standards Act is an administrative disposition, or not, for the Ministry of Health and Welfare and the Labor Relations Commission.
Review or arbitration under Articles 88 and 89 of the Labor Standards Act is not an administrative disposition.
Article 88 of the Labor Standards Act, Article 89 of the Labor Standards Act, Article 90 of the Labor Standards Act
Young Electric Power Company
National Labor Relations Commission
Seoul High Court Decision 65Gu232 delivered on March 17, 1966
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal by the plaintiff's agent are examined.
However, in Article 90 of the Labor Standards Act, the determination of the court below that held that the determination of the above review or arbitration is not an administrative disposition, but an act with the recommended character is just, and it cannot be adopted as an independent opinion, considering that it does not directly stipulate the review or arbitration decision under Articles 88 and 89 of the Labor Standards Act as a subject matter of a lawsuit, and that it is possible to bring a civil action, regardless of the content of the review or arbitration.
It is so decided as per Disposition by the assent of all participating judges in accordance with the grounds above and the principle of losing the costs of lawsuit.
[Judgment of the Supreme Court (Presiding Judge) Mag-Jak Park Mag-gu