Determination on whether a report by the Labor Relations Commission on labor dispute is lawful shall be subject to an administrative litigation.

According to Article 16 of the Trade Dispute Mediation Act, a Labor Relations Commission which received a report on a labor dispute shall only examine and determine whether the reported labor dispute is legitimate, and shall not take certain measures that affect the rights and obligations of the parties to the dispute by intervening in the substance of the labor dispute. Thus, the above determination is an administrative disposition that causes changes in the rights and obligations that are subject to administrative litigation.

Article 1 of the Administrative Litigation Act, Article 16 of the Trade Dispute Mediation Act

16 others 16 others

National Labor Relations Commission

The plaintiffs' lawsuit of this case is dismissed.

Litigation costs are assessed against the plaintiffs.

The disposition that the Busan Regional Labor Relations Commission approved by the defendant judged on November 17, 1967 that labor disputes caused by the report of the non-party by the chief of the shipping branch of the Korea Marine Trade Union shall be revoked.

Litigation costs shall be borne by the defendant.

On November 13, 1967, the non-party to the shipping branch of the Korea Marine Trade Union reported the occurrence of a labor dispute to the Busan Regional Seafarers Labor Relations Commission as the party to the dispute, and the above Labor Relations Commission rendered a judgment that the above Labor Relations Commission was lawful on November 17, 1967. The plaintiffs filed a request for a retrial on the above judgment with the defendant on November 22, 1967, but the request was rejected on December 4, 1967, there is no dispute between the parties.

However, since the labor dispute in accordance with the lawful judgment of the labor dispute in this case was established on January 6, 1968 by the agreement between the plaintiffs and the workers to terminate the labor dispute in this case, and the withdrawal letter of the labor dispute in this case was submitted on January 9, 1968, and the fact that the labor dispute in this case is terminated is no dispute between the parties. Thus, if there are circumstances, the lawful judgment of the labor dispute in this case, which is only a formal procedure of the labor dispute that has already been terminated, cannot return to any interest to the parties to the dispute, so the claim in this case should be punished so that there is no benefit in the protection of rights.

In addition, according to Article 16 of the Trade Dispute Mediation Act, it is clear that the Labor Relations Commission, which received the report, examines and determines only whether the reported labor dispute is legitimate or not, and does not take a certain measure that affects the rights and obligations of the parties to the dispute by participating in the substance of the labor dispute. Thus, it is unnecessary to dispute the collective agreement, mediation and arbitration formed as a result of the dispute, but it is not necessary to dispute only with the determination of the report on the labor dispute. Thus, the above determination cannot be deemed an administrative disposition that causes a change in the rights and obligations subject to administrative litigation.

Therefore, since the claim of this case is seen as one point or inappropriate, it shall be dismissed, and the costs of lawsuit shall be assessed against the losing party as per Disposition.

Judges Song-man (Presiding Judge) Advice on Red Round