The case affirming the judgment of the court below which ruled that the rejection of a report on the establishment of a trade union is unlawful on the ground that the " female workers in employment" are not workers under the Trade Union and Labor Relations Adjustment Act where a regional trade union reported the establishment of a trade union including " female workers in employment

The case affirming the judgment of the court below which ruled that the rejection of a report on the establishment of a trade union is unlawful on the ground that the " female workers" in the job seeking is not a worker under the Trade Union and Labor Relations Adjustment Act where a regional trade union made a report on the establishment of a trade union including

Articles 1 and 14 of the Labor Standards Act, Article 1, Article 2 subparagraphs 1 and 4 (d) of the Labor Union and Labor Relations Adjustment Act, Article 12 of the Labor Union and Labor Relations Adjustment Act

Seoul Women's Trade Union (Attorney Kim Young-soo et al., Counsel for the plaintiff-appellant)

Seoul Special Metropolitan City Mayor (Attorney Han Man-chul, Counsel for defendant-appellant)

Seoul High Court Decision 2001Nu2234 delivered on September 19, 2001

The appeal is dismissed. The costs of appeal are assessed against the defendant.

According to the reasoning of the judgment of the court below and the court of first instance as cited by the court below, the Labor Standards Act was established for the purpose of regulating individual labor-management relations from the viewpoint of "whether there is a need to directly protect workers by the management and supervision of the State" with respect to those who provide labor in reality," while the Trade Union and Labor Relations Adjustment Act (hereinafter referred to as the "Labor Union and Labor Relations Adjustment Act") was established for the purpose of regulating collective labor-management relations from the perspective of "whether there is a need to guarantee the right to organize between labor suppliers," and its legislative purpose is different from the concept of workers. Unlike the case of a company-level trade union in which a certain employer's subordinate relationship with a certain employer is qualified as a union member, in the case of an industrial, occupational, and regional trade union, it does not include a certain subordinate relationship with an employer from the original point of view that the proviso of Article 2 subparag. 4 (d) of the Trade Union and Labor Relations Adjustment Act is just and applied only to the case where the worker in question is dismissed by the employer, and thus, it does not include the concept of female workers's or job seeking.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-chul (Presiding Justice)