207Guhap3602 Removal and Revocation of Disposition of Dismissal

1. Plaintiff A (66 years old, male)

○○○○○○ **

2. A plaintiff B (60 years old, male).

○○○○○○ Dong**

3. A plaintiff (68 years old, male and female)

OOce OOdong**

4. A plaintiff B (67 years old and male).

○○○○○○ **

5. No. 65 years, male and female.

OOce OOdong**

6. A plaintiff (68 years old, male and female).

○○○○○○ Dong**

7. No. 72 years old, male and female

○○○○○○ Dong**

[Judgment of the court below]

○○ Market

Attorney Lee In-bok, Counsel for defendant-appellant

OO in the legal representative of a lawsuit

Attorney in charge WhiteO0

March 27, 2008

April 24, 2008

1. On February 27, 2007, the Defendant’s removal from office against Plaintiff A and Plaintiff B, and the removal from office against Plaintiff A, Plaintiff D, Plaintiff A, and Plaintiff 5 shall be revoked in entirety.

2. The costs of lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. The plaintiffs were working as a local public official at ○○○○○ City Branch (hereinafter referred to as the “○○○○ City Branch”) of the Korean Public Officials’ Labor Union, a local public official employed at ○○○○○○○○ City Branch (hereinafter referred to as the “Special Labor Union Branch”). The plaintiffs’ work experience and duties within the respective major Labor Union ○○○ City Branch are listed as listed below 1.

【Voting 1】

A person shall be appointed.

B. On September 22, 2006, the Defendant demanded a resolution of heavy disciplinary action against the Plaintiffs to the ○○○○○ City Branch’s leader, on the ground that the Plaintiffs violated the duty of good faith of public officials and the duty of prohibiting collective action by leading a series of collective actions, including farming for preventing administrative vicarious execution, which was closed at a trade union office on September 22, 2006.

C. On February 14, 2007, the ○○nam-do Personnel Committee decided to dismiss the plaintiff (i.e., the plaintiff), the plaintiff (ii) from office under Articles 48, 49, 50, 55, 58, and 69 (1), respectively, pursuant to Articles 48, 49, 55 (Duty of Fidelity), 58 (Duty of Fidelity), and 69 (1) of the Local Public Security Act (Duty of Fidelity), the plaintiff (i) from office under Articles 48, 49, 55 (Duty of Fidelity), 58 (Prohibition of Collective Act), and 69 (1) of the same Act.

Table 2

A person shall be appointed.

A person shall be appointed.

D. On March 23, 2007, the Plaintiffs filed a petition for an appeal review on each of the instant dispositions with the local appeals review committee at ○○nam-do. The said appeals review committee dismissed each of the instant dispositions on June 25, 2007.

【Fact-finding without dispute over the basis of recognition, entry in Gap evidence 1 through 4 (including each number), and the purport of the whole theory of alteration

2. Whether each of the dispositions of this case is legitimate

A. Summary of the plaintiffs' assertion

(1) A series of collective actions listed in the grounds for the disciplinary action of this case are ultimately unlawful since the defendant's collective actions, which were ordered by the Ministry of Government Administration and Home Affairs on March 23, 2006, are ultimately unlawful, based on the "Guidelines for the Voluntary Conversion of Law of the Illegal Organizations" (hereinafter referred to as the "Guidelines for the Voluntary Assistance"), which was enforced by the Ministry of Government Administration and Home Affairs on September 22, 2006, closed the Special Labor-Management Group's office through the illegal administrative acts that were not required as of September 22, 2006, and demanded the union members to voluntarily withdraw. The above guidelines were generated in the process of demanding the union members to voluntarily withdraw. The above guidelines are unlawful because the defendant's legitimate non-legal labor union members are defined as illegal organizations. Accordingly, the series of collective actions listed in the grounds for the disciplinary action are unlawful as a legitimate act under social rules, and thus, the defendant's appeal against the disciplinary action is found to have continued to be 16th of the defendant's disciplinary action.

(2) Therefore, since the plaintiffs' acts do not constitute grounds for disciplinary action, each of the dispositions in this case is unlawful, and even if they fall under grounds for disciplinary action, it is merely a case where the intention of misconduct in light of the criteria for disciplinary action, such as public officials, etc., is minor and has a progress room, and thus, the disposition exceeding the salary reduction is in violation of the above rules, and the circumstances that the plaintiffs were engaged in their activities as a major labor union member, and the plaintiffs were considered in consideration of the fact that the plaintiffs were appointed as local public officials and were faithfully engaged in their duties, such as receiving official commendation from the head of the administrative agency on several occasions, each of the dispositions in this case is excessively harsh and illegal.

(b) Relevant Acts and subordinate statutes: To be listed in attached Form;

(c) Facts of recognition;

(1) On January 28, 2006, the Act on the Establishment, Operation, etc. of Public Officials' Labor Unions (hereinafter "Public Officials' Labor Unions Act") came into force on January 28, 2006, the Minister of Justice, the Minister of Labor, and the head of the administrative autonomous department of the same year made it clear that he/she strongly respond to illegal acts of illegal organizations through a joint conference. On March 23, 2006, the Minister of Government Administration issued the "Guidelines for the Promotion of Joint Labor Assistance" to each local government on March 23, 2006, and led a public official organization that refuses to report the establishment pursuant to the Public Officials' Labor Unions Act to be converted into the Joint Labor Unions Act, and made clear that he/she took a heavy disciplinary measure against the public official organization's leader.

(2) The above promotional guidelines set out by the Ministry of Government Administration and Home Affairs to establish a sound and exemplary public official labor-management relationship through the implementation of the Joint Labor Union Adjustment (Voluntary Withdrawal) by a public official organization’s organization, which failed to report the establishment following the implementation of the Public Official Labor Union Act. Among the contents, there were matters such as: (a) voluntary withdrawal from an illegal public official organization through a remote work order; and (b) urging to convert into the Joint Labor Union; (c) strengthening opinions, public relations, and education centering on the guidance division of the public official organization; and (d) prohibiting the collection of membership fees; and (e) taking measures to close the office of the public official organization if the members of the public official organization act together with the above policies or comply with the above order of duties; and (e) demand heavy disciplinary action against all members of the guidance division.

(3) Around March 17, 2006, the defendant, who received the above guidelines via ○○nam-do, issued an order to prohibit illegal public official organization membership fees from collecting the amount of wages from March 17, 2006 to its affiliated departments. Around April 28, 2006, the defendant issued an order to emphasize the voluntary withdrawal of the major employees and the heavy measures such as disciplinary action when failing to implement the order. Around August 10, 2006, the defendant ordered the head of ○○○○ branch office to take measures to close the office room for illegal public official employees. Accordingly, the major employees urged the head of ○○○ branch office to take measures to close the office for the closure of the labor union office through the procedure of the Administrative Vicarious Execution Act.

(4) However, the plaintiffs committed collective action, such as Table 2 (except Nos. 8, 16) by ordering the above duties and taking measures against the closure of a labor union's office by vicarious execution. As seen earlier, the defendant requested heavy disciplinary action against the plaintiffs, and made each of the dispositions of this case according to the resolution of the ○○nam-do Personnel Committee.

(5) On September 1, 2007, the plaintiffs announced the names of major labor-management-management-management-related branch of ○○○ City branch of ○○○○ City with an agreement that actively cooperates with the plaintiffs so that the plaintiffs can be reinstated, and on October 1, 2007, at the ○○○○○ City branch of ○○○○○○○○ City, the plaintiffs expressed the name of major labor-management-management-management-related branch of ○○○ City branch of ○○○ City with an intention to actively cooperate with the citizens so that the plaintiffs can be reinstated. On October 1, 2007, the ○○○ City branch of ○○○○○ City with an intention to cause inconvenience and concern to citizens due to the activities of the major labor-management-related branch of ○○ City

(6) The major labor union was converted into a legal labor union by reporting the establishment of a trade union on October 17, 2007 pursuant to Article 17(2) of the Public Officials Labor Union Act and Article 5(2) of the Enforcement Rule of the same Act.

(7) Meanwhile, with respect to the acts listed in Table 3 Nos. 8, attached Table 2, which the Plaintiffs received while serving as public officials, such as reward, family members, etc. (as to the acts listed in Table 2 Nos. 8, 12, 2007, ○○ City Branch and the victim, etc., on January 12, 2007, agreed to withdraw the complaint of the relevant criminal case).

[Attachment 3]

A person shall be appointed.

Current

A person shall be appointed.

【Fact that there is no dispute over the basis for recognition, Gap evidence 1, 12 through 15 (including each number), Eul evidence 2, 3, 5, and 7, and the purport of the whole pleadings

D. Determination

(1) Grounds for disciplinary action against the plaintiffs

The Constitution of the Republic of Korea guarantees the three general workers' three labor rights at the constitutional level, but the specific contents of the three labor rights of public officials, who are public officials, are reserved in the Act. Accordingly, Article 5 of the Public Officials' Labor Union Act provides the National Assembly, the Constitutional Court, the Act, the administration, the Election Commission, the Seoul Special Metropolitan City, Metropolitan City, Do, Do, Si, Gun, Gu (referring to an autonomous Gu), and the Office of Education of the Special Metropolitan City, the Metropolitan City, the Metropolitan City, the Metropolitan City, and the Do (referring to an autonomous Gu) as the establishment requirement (Paragraph 1). (Paragraph 2). Since the major labor union, which is the major labor union at each of the dispositions of this case, was not submitted to the Minister of Labor and did not meet the requirements of the Public Officials' Labor Union Act, it cannot be deemed that the major labor union under the Public Officials' Labor Union Act is a labor union. Therefore, the plaintiff's assertion that the major labor union is not an entity of legitimate labor rights such as association or collective bargaining cannot be added to the plaintiff's.

As seen in the above facts, the plaintiffs were the Do governor of ○○○ City Branch, an illegal organization, and refused to take the lead in and order the illegal collective action over several times, and such act constitutes a violation of Articles 48 (Duty of Fidelity), 49 (Duty of Fidelity), 50 (Duty of Good Faith Prohibition), 55 (Duty of Good Faith Prohibition), and 58 (Prohibition of Corruption) of the Local Public Officials Act, and constitutes a ground for disciplinary action under Article 69 (1) of the same Act.

(2) Whether the discretionary authority is deviates or abused or not

In a case where a disciplinary measure is taken against a person subject to disciplinary action who is a public official, the disciplinary measure is at the discretion of the person having authority to take the disciplinary measure. However, if the disciplinary measure as a person having authority to take the disciplinary measure has considerably lost validity under the generally accepted social norms and is deemed to have violated or abused the discretionary power to the person having authority to take the disciplinary measure, the disciplinary measure may be deemed unlawful, and if the disciplinary measure is deemed to be an unlawful measure beyond the scope of the discretionary power, depending on specific cases, it shall be deemed that the contents of the disciplinary measure can be objectively and clearly recognized when comprehensively considering various factors, such as the characteristics of duties, the nature and nature of the reason for the disciplinary measure, the contents and nature of the misconduct causing the disciplinary measure, the criteria for the disciplinary measure, etc. (see, e.g., Supreme Court Decision 9Du1458, Apr. 27, 199).

In light of the legal status and degree of participation of the plaintiffs' major labor union, the grounds for disciplinary action cannot be deemed to be less severe, but the plaintiffs are not subject to special disciplinary action in addition to each of the dispositions in this case, while they are appointed as local public officials and are performing their official duties for a long time, it seems that the public officials' organization has faithfully worked as the head of the administrative agency with good faith, and that the defendant's warning that ○○○○○ Office was strongly responding to the illegal organization. However, the plaintiffs' major labor union did not follow the method of unlawful acts such as abuse of public interest, as the plaintiffs' actions led collective labor union and were not illegal organization without the establishment report under the Public Officials Labor Union Act. However, in light of the plaintiffs' status and degree of participation in the major labor union, the plaintiffs' disciplinary action against the public officials in this case should be taken into consideration as much as possible, and the plaintiffs' actions should be taken into consideration in the process of their removal from their respective position and abuse of public interest, and the plaintiffs' actions should be taken into consideration as much as possible for their own interests and public interest.

3. Conclusion

Therefore, each of the claims of this case is with merit, and it is decided as per Disposition by admitting it.

Kim J-jin (Presiding Judge)

Yellow Round

Kim Young-young

Relevant statutes

Constitution

Article 33 (Rights to Establish Workers, etc.)

(1) Workers shall have the right to independent association, the right to collective bargaining, and the right to collective action to improve working conditions.

(2) Workers who are public officials shall have the right to organize, the right to collective bargaining, and the right to collective action.

(3) The right of collective action of workers engaged in major defense enterprises as stipulated by Acts shall be stipulated by Acts.

such restrictions or recognition may not be limited or admitted by the court.

Local Public Officials Act

Article 48 (Duty of Fidelity)

All public officials shall observe Acts and subordinate statutes, and perform their duties faithfully.

Any public official shall obey any order of his superior officer with respect to the performance of his duties: Provided, That this shall not apply.

may state its opinion on this issue.

Article 50 (Prohibition of Absence without Leave)

(1) No public official shall desert from his workplace without the permission of his superior official or any justifiable reason. Article 55 (Duty to Maintain Dignity)

No public official shall do any act detrimental to his dignity.

Article 58 (Prohibition of Collective Action)

(1) No public official shall engage in any collective activity for any labor campaign, or activities other than public services: Provided, That a director shall engage in such collective activity.

Any public official who is engaged in actual labor, shall not be applicable.

(2) The scope of public officials actually engaged in labor under the proviso to paragraph (1) shall be prescribed by municipal ordinance.

(3) A public official who is actually engaged in labor as referred to in the proviso to paragraph (1) and is admitted to a trade union.

In case of transfer to joint business, the permission of the head of the local government to which he belongs shall be obtained.

(4) Any necessary condition may be attached to the permission referred to in the provisions of paragraph (3).

(1) Where a public official falls under any of the following subparagraphs, a resolution on disciplinary action shall be requested and such resolution on disciplinary action shall be passed:

according to the result of the disciplinary action.

1. When he violates this Act, orders thereunder, or Municipal Ordinances or Municipal Rules of local governments; and

2. Duties in relation to duties (including those imposed in relation to the status of public officials by other Acts and subordinate statutes);

When violating or neglecting the duties;

3. When he commits an act detrimental to his dignity as a public official.

Article 70 (Types of Disciplinary Measures) Disciplinary measures shall be classified into removal, dismissal, suspension from office, reduction of salary, and reprimand. The Act on the Establishment, Operation, etc. of Public Officials' Unions shall apply.

Article 1 (Purpose)

This Act shall guarantee fundamental labor rights of public officials as prescribed in Article 33 (2) of the Constitution.

Matters concerning the establishment, operation, etc. of public officials' labor unions pursuant to the proviso of Article 5 of the Joint and Labor Relations Adjustment Act.

purpose of this section is to provide for

Article 3 (Guarantee and Limit of Activities of Trade Union)

(1) The organization and joining of public officials' trade unions (hereinafter referred to as "trade unions") under this Act, and trade unions.

The main sentence of Article 66 (1) of the State Public Officials Act and the Local Public Officials Act with respect to legitimate activities related thereto.

The provisions of the main sentence of Article 58 (1) shall not apply.

(2) In carrying out the activities of a trade union, a public official shall contravene the duties of public officials.

No act shall be performed.

Article 4 (Prohibition of Political Activities)

A trade union and its members shall not engage in any political activity.

Article 5 (Establishment of Trade Union)

(1) Where public officials intend to establish a trade union, the National Assembly, the court, the Constitutional Court, and election management members.

The Council, the administration, the Special Metropolitan City, the Metropolitan City, the Metropolitan City, the Do, the Si, the Gun, the Gu (referring to the autonomous Gu), the Special Metropolitan City, the Metropolitan City, and the Do.

The Office of Education shall be at least on a minimum basis.

(2) A person who intends to establish a trade union shall submit a report on establishment to the Minister of Labor.

(1) The representative of a trade union shall provide matters concerning the trade union, or remuneration, welfare, or other services for its members.

조건에 관한 사항에 대하여 국회사무총장 · 법원행정처장 · 헌법재판소사무처장 · 중앙선거

Secretary-General of the Management Committee, the Minister of Government Administration and Home Affairs (Representative of the Administration), Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, Do Governors;

The superintendent of the Office of Education of the Mayor, the head of the Gun/Gu (referring to the head of an autonomous Gu) or the superintendent of the Office of Education of the Special Metropolitan City, Metropolitan Cities,

A collective agreement shall be concluded by negotiating with a person who is found to have any such person (hereinafter referred to as "government negotiation representative") respectively.

(2) The State or local governments shall exercise their authority pursuant to Acts and subordinate statutes;

Duties concerning the management and operation of the institution, such as matters concerning policy-making and the exercise of the right to appoint;

Matters not directly related to the terms and conditions shall not be subject to negotiations.

(2) The Government negotiation representatives shall have authority to manage or make decisions on their own pursuant to statutes, etc.

a trade union shall comply with a trade union's request for bargaining unless there is a justifiable reason not to do so.

(c)

Article 11 (Prohibition of Industrial Actions)

A trade union and its members shall interfere with the normal operation of a strike, a strike, and all other activities.

subsection (1) of this section.

- Finally