2011Du25746 Revocation of the Request for Remedy against Unfair Dismissal

A person shall be appointed.

The Chairman of the National Labor Relations Commission

Korea Railroad Corporation

Seoul High Court Decision 2011Nu12971 Decided September 7, 2011

August 20, 2014

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In order for an industrial action to be a justifiable act under the Criminal Act, the principal agent of the industrial action shall be a person eligible for collective bargaining. The purpose of the industrial action shall be to create autonomous negotiations between labor and management to improve working conditions. The employer shall commence collective bargaining with respect to specific demands for the improvement of working conditions of workers, and barring special circumstances, it shall undergo procedures prescribed by Acts and subordinate statutes, such as the consent and decision of the union members, and the means and method thereof shall not be in harmony with the employer's property rights, but shall meet all the conditions that the industrial action should not constitute the exercise of violence (see, e.g., Supreme Court en banc Decision 9Do4837, Oct. 25, 2001; Supreme Court Decision 2004Do746, Sept. 11, 2008; etc.; Supreme Court Decision 2008Do1746, Sept. 11, 2008). 200.

On the other hand, in a case where there are many purposes pursuing an industrial action, and some of them are not legitimate, the legitimacy of the purpose of the industrial action shall be determined by the legitimacy of the main or genuine purpose of the industrial action. In a case where it is recognized that the industrial action would not have been conducted if the industrial action would not have been conducted for the reason of the illegal demand, the entire industrial action shall not have the legitimacy (Supreme Court Decision 203

28. Supreme Court Decision 2002Do5881 Decided 2006, Supreme Court Decision 2002Do5577 Decided 25, Supreme Court Decision 2002Do577 Decided 25, etc.

2. After compiling the adopted evidence, the first instance court, as cited by the lower court, recognized the facts as indicated in its holding, and comprehensively taking account of all the before, after compiling the circumstances and circumstances before and after the full-scale strike of this case, determined that the full-time strike of this case was a legitimate industrial action since it was conducted for the purpose of accomplishing the requirements such as the advancement of public enterprises including the contents of the reduction of the number of employees, reinstatement of dismissed persons, accusation

Examining the evidence adopted by the court of first instance and the above legal principles, the court below’s above fact-finding and judgment are just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the legitimacy of the purpose of industrial action or by failing to exhaust all necessary deliberations, etc.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the participation in the appeal. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Sang-hoon

Justices Shin Young-young

Justices Kim Yong-deok

Justices Kim So-young