A. Whether a labor relationship is succeeded to employees of the previous organization where a special corporation established pursuant to law succeeds to the rights and obligations of the previous organization

(b) The case reversing the judgment of the court below which recognized the succession of labor relations on the ground that even if the head of the competent authority approved an application for approval of succession to labor relations of the previous organization dissolved under Article 6 of the Addenda to the Coal Industry Act, such labor relations cannot be deemed succeeded

A. In a case where a new special corporation is established by the integration and abolition of the existing law and the enactment of a new law or the amendment of the existing law requires the succession of rights and obligations by absorbing the functions of the previous organization, such as a corporation established by the new special corporation and performing the same functions in the previous law, unlike Article 7(3) of the Addenda of the Radio Waves Act (amended by Act No. 4193 of Dec. 30, 1989), the employees of the dissolved organization shall be deemed to have been appointed as the employees of the business association at the time of the establishment of the business association under this Act, as in Article 7(3) of the Addenda of the Radio Waves Act (amended by Act No. 4193 of Dec. 30, 1989), without any separate provision as to whether the employment relationship with employees belonging to the previous organization is succeeded, if only the special corporation newly established by the head of the competent authority succeeds to all rights and obligations of the dissolved organization in a case where the approval of the head of the competent authority is granted, such provision alone cannot be deemed as a special corporation newly established.

(b) The case reversing the judgment of the court below which recognized the succession of labor relations on the ground that even if the head of the competent authority approved an application for approval of succession to labor relations of the previous organization dissolved under Article 6 of the Addenda to the Coal Industry Act, such labor relations cannot be deemed succeeded to

(b)Article 6 of the Addenda to the Coal Business Act ( January 8, 1986);

A. Supreme Court Decision 93Da58714 delivered on August 26, 1994 (Gong1994Ha, 2516)

Plaintiff 1 and one other

[Defendant-Appellee] Defendant 1 and 3 others

Seoul High Court Decision 94Na35482 delivered on February 7, 1995

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 6 (1) of the Addenda to the Coal Industry Act (hereinafter referred to as the "Act") provides that "the Korea Coal Scholarship Foundation, the Incorporated Coal and Mining Support Foundation, and the Korea Coal and Quality Inspection Agency, an incorporated foundation (hereinafter referred to as the "corporation") may apply to the head of the competent authority for the succession of all rights and obligations to the project team to be established under this Act by a resolution of the board of directors concerned, and Paragraph (2) of the same Article provides that "any corporation which has filed an application under paragraph (1) and obtained approval from the competent authority shall be deemed dissolved at the time of the establishment of the project team, notwithstanding the provisions concerning the dissolution and liquidation of the corporation in the Civil Act, and all rights and obligations belonging to the corporation shall be deemed dissolved, and Paragraph (3) of the same Article provides that "the value of property to be succeeded to the project team under the provisions of

2. However, in a case where a new special corporation is established by the integration and abolition of the existing law and the enactment of a new law or the amendment of the existing law requires the succession of rights and obligations by absorbing the functions of the previous organization such as a corporation which performed the same function as before, the employees of the dissolved organization may not naturally be treated as a special corporation newly established by the pertinent law, unless there is a separate provision on whether the employment relationship with the employees of the previous organization is succeeded to, or not, as in Article 7(3) of the Addenda of the Radio Waves Act (amended by Act No. 4193 of Dec. 30, 1989), such as “the employees of the Association at the time of the establishment of the agency under this Act shall be regarded as the employees of the business group” as in Article 7(3) of the Addenda of the same Act.

This is because, in such a case, the previous organization is bound to be dissolved because it is difficult to continue its existence due to the enforcement of a new law, and the above transitional provision aims to specifically regulate the dissolution and liquidation procedures of the previous organization that is dissolved by facilitating the procedure following its dissolution by allowing a new corporation to succeed to the property rights and obligations of the organization to be dissolved, and it does not aim at allowing the employees of the dissolved organization to succeed to the labor relationship of the special corporation that is naturally established. Furthermore, in this case, Article 6 (3) of the Addenda of the Act provides that "the value of the property to be succeeded to the Agency pursuant to paragraph (2) shall be the book value on the day before the date of registration of the establishment of the agency," and therefore, it is clearly clear that the rights and obligations succeeded pursuant to paragraph (2) are property.

Meanwhile, under the premise that the labor relations of employees belonging to the corporation dissolved with the approval of the chief of the power resource division under Article 5 (2) of the Addenda of the Act at the time of the establishment of the defendant project team shall not be succeeded to the defendant project team. However, according to the records, among the employees belonging to the dissolved corporation, it is only stipulated in the Addenda that allows them to be newly appointed by the chief of the board of directors according to the appointment criteria separately determined by the chief of the board of directors (see Article 3 of the Addenda to the articles of association No. 2). In addition, in light of the fact that all employees belonging to the dissolved corporation receive retirement allowances from the previous corporation and liquidates the labor relations with the previous organization, and that some of them including the plaintiffs were newly appointed by the chief of the defendant project team with the employment conditions such as the defendant and new class, and the employment relations with the above previous organization are not terminated upon the approval of the chief of the defendant project team by the chief of the defendant project team. However, according to the above statements No. 8-1, 2 and 3, the public prosecutor's succession to the above employees of the Korea Coal.

Nevertheless, the court below cited the judgment of the court of first instance which judged that the labor relations with the plaintiffs' previous organizations were succeeded as it is, and rejected the defendant's assertion that there is no continuity of work between the plaintiffs' previous workplace and the work at the defendant agency. Therefore, the court below erred in the interpretation of Article 6 of the Addenda of the Act, and there is a reason to dispute this issue since it erred in the misapprehension of the legal principles as to the continuance of work.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-soo (Presiding Justice)