Scope of three labor rights recognized to enforcement officers, and whether it is permitted to join an external trade union in which the right of collective action is guaranteed by enforcement officers (negative)

Although there is no provision regulating the formation and joining of the labor union separately for enforcement officers, since the status of enforcement officers is equivalent to that of public officials and the service regulations of public officials are applied pursuant to Article 66(1) of the State Public Officials Act, the labor campaign is prohibited in principle pursuant to Article 66(1) of the State Public Officials Act. However, the three labor rights recognized as public officials should be acknowledged even if there is no separate provision in balance with public officials. Ultimately, it is prohibited to join the court-official labor union or establish a separate labor union to conduct the labor campaign in accordance with the provisions of the Act on the Establishment, Operation, etc. of Public Officials’ Labor Unions.

Enforcement Officers Act, Articles 2, 3, 8(4) of the Enforcement Decree Act, Articles 3, 21, 22, and 25 of the Enforcement Rule, Article 66(1) of the State Public Officials Act, Article 3 of the Act on the Establishment, Operation, etc. of Public Officials’ Unions, Article 3 of the Constitution, Article 33 of the Constitution

Ulsan District Court Enforcement Office

National Public Service Workers' Union and one other

1. The debtors against the creditors shall not engage in any and all trade union activities against the creditors, including collective bargaining, collective agreement, and demand for the conclusion of a wage agreement against the creditors until the final judgment on the merits of the case of nullification of the accession of the Korea Public Service Trade Union by 12 debtors, including the chief executive officer, non-party 1, etc. of the Ulsan District Court,

2. The expenses of the request shall be borne by the obligor.

In the first place, the debtor shall not engage in any strike, solar activity, or any other act detrimental to the normal operation of the business until the judgment specified in the main text of paragraph (1) becomes final and conclusive.

1. Basic facts

Comprehensively taking account of the overall purport of records and examinations, the following facts are substantiated.

A. The debtor's national public service trade union is an industrial trade union on a national unit, and 12 non-party 1, etc. working as executive officers at the Ulsan District Court's enforcement office were established the Ulsan District Court's Office branch of the debtor's national public service trade union upon filing an application for joining the debtor's national public service trade union from November 30, 2007 to March 11, 2008.

B. The debtor made a collective bargaining proposal to the creditor several times on March 17, 2008, March 19, and March 26, 2008. The creditor continued to refuse the collective bargaining proposal under the premise that the debtor cannot join the national public service trade union, since the non-party 1, etc., who is an execution officer, is a public official of the substantial meaning.

2. Determination as to the existence of a preserved right

A. The parties' assertion

(1) The creditor asserts that, around the other hand, the non-party 1 et al., who is a public official of the court, can not respond to the collective bargaining scheme of the debtor under the premise that the debtor cannot join the national public service trade union because he is a public official of the court, etc., who is a public official of the court. The creditor asserts to the effect that the execution officer officer cannot participate in collective action, such as strike and occupation, etc., as a person who actually has a status equivalent to a public official, even if he can join

(2) The debtor asserts to the purport that the action of the creditor who rejected the request is unfair, even though the non-party 1, etc., who is a representative execution officer, was employed by the representative execution officer, is a general worker not a public official, and demanding collective bargaining by joining the debtor's public service trade union, is exercising three labor rights guaranteed by the Constitution.

(b) Markets:

(1) Status of enforcement officers;

According to the enforcement officer law and enforcement rules, enforcement officers shall be appointed by the chief of the district court from among those who belong to the district court and are engaged in the execution of judgment and the service of documents, and other affairs under the Acts and subordinate statutes for not less than 10 years, under the conditions as prescribed by the Act, and the chief of the district court from among those who have served in the position of assistant court clerks, registration assistant clerks, prosecution assistant clerks, or narcotics investigation assistant officials or higher, and the chief execution officer shall be employed by the representative execution officer with permission from the chief of the district court and the prosecutor's office from among those employed to assist enforcement officers or those who are deemed to have served in the position of Grade 9 or higher in the position of the court and the prosecutor's office, and the matters concerning service such as working hours and vacations of enforcement officers shall be the same as those of the court public officials unless they are contrary to the nature of service, and the representative execution officer, who is the employment assistant of the enforcement officer, is paid the remuneration to the district court under his jurisdiction.

(2) A public official's three labor rights

Article 66(1) of the State Public Officials Act prohibits in principle public officials’ labor movement by stipulating that public officials shall not engage in any collective action for labor movement or activities other than public services in Chapter VII. According to Article 5 of the Trade Union and Labor Relations Adjustment Act, workers may freely organize or join a trade union: Provided, That the Act on the Establishment, Operation, etc. of Public Officials’ Unions provides that public officials and teachers shall be separately determined by the Act, and accordingly, the Act on the Establishment, Operation, etc. of Public Officials’ Unions provides that public officials shall have the right to organize and collective bargaining within a certain scope, but the Act on the Establishment, Operation, etc. of Public Officials’ Unions

(3) Three labor rights of enforcement officers;

Although there is no provision regulating the formation and joining of a labor union separately for enforcement officers and employees, as seen above, since the status of enforcement officers and employees is equivalent to those of public officials and the service regulations of public officials are applied, labor movement is prohibited in principle pursuant to Article 66(1) of the State Public Officials Act. However, even if there is no balanced provision with public officials, the three labor rights recognized as public officials should be recognized. Therefore, it is prohibited that the enforcement officers and employees join the court-official labor union or establish a separate labor union and conduct the labor movement pursuant to the provisions of the Act on the Establishment and Operation of Public Officials' Unions, etc. of Public Officials' Unions. However, it is not allowed to join the outside trade union guaranteed the right to collective action (this conclusion is that the duties of enforcement officers and enforcement officers are directly connected to damage of the whole citizens if they are in charge of public duties due to strike, etc., and the reason for guaranteeing the three labor rights is to give life to workers in the strike of employers for the improvement of working conditions such as remuneration, remuneration, working hours, etc., and it is almost reasonable to give them the contents of collective agreements.

3. Conclusion

Therefore, the creditor's application of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges Lee Jae-chul (Presiding Judge)