2013 Doz. 11356 Revocation of Order for Rectification

National Transport Industry Democratic Bus Trade Union

The Administrator of the Incheon Northern District Office of Central Employment and Labor;

January 9, 2014

February 6, 2014

1. On July 4, 2013, the Defendant’s disposition to correct the rules issued against the Plaintiff is revoked. 2. The litigation cost is assessed against the Defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On June 11, 201, the Plaintiff was established at its inaugural general meeting as a nationwide industrial trade union organized with workers engaged in the transportation industry and related fields, and completed a report on the establishment of a trade union to the Defendant on July 8, 201.

B. On July 12, 201, the Plaintiff partially amended the rules established at its inaugural general meeting at its general meeting. Of them, the provisions that are subject to the corrective order stated in the purport of the claim are as follows.

VII.(Persons Subject to Organization) 1. All workers engaged in the transportation industry and related fields; 2. Persons appointed to dismissed persons, unemployed persons, retired workers, and associations related to the transportation industry; 3. A quasi-members, other than members, may be appointed; and the payment of partnership expenses and the exercise of rights and obligations of quasi-members shall be separately prescribed.

C. On January 29, 2013, Plaintiff A and two other members filed an objection against the Defendant that Article 7 subparag. 2 of the above Rules (hereinafter “the instant Rules”) violated labor-related Acts and subordinate statutes, the Defendant requested the Incheon Regional Labor Relations Commission to make a resolution on the corrective order for the instant regulations in order to issue a corrective order under Article 21(1) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Relations Adjustment Act”) on April 12, 2013.

D. On June 14, 2013, the Incheon Regional Labor Relations Commission resolved that the instant regulations violate the relevant provisions of the Trade Union Act.

E. On July 4, 2013, according to the above resolution, the Defendant issued an order to rectify the violation of Article 2 subparag. 1 of the Trade Union and Labor Relations Adjustment Act by allowing the Plaintiff to join a trade union by a person, not a worker who lives on wages, pay, or any other income equivalent thereto, and thus, it violated Article 2 subparag. 1 of the Trade Union and Labor Relations Adjustment Act (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of both parties' arguments

1) The plaintiff's assertion

In the case of an industrial trade union at a national level such as the Plaintiff, it does not go against the Trade Union and Labor Relations Adjustment Act even if the dismissal, the unemployed, and the job-seeking (reserve workers) are included as members because it does not meet the qualification requirements for a certain company under its nature.

2) The defendant's assertion

In order to be included in the concept of "worker" by an industrial, occupational, and regional trade union, a person who does not have a subordinate relationship to a certain employer is ① a temporary unemployed or is seeking to find a job, ② a person who needs to guarantee three labor rights. This case's rules widely violate Article 2 subparagraphs 1 and 4 (d) of the Trade Union and Labor Relations Adjustment Act because they are for the organization of dismissed, unemployed, retired, preliminary workers, and those who are appointed to an association.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

Article 2 subparag. 4 of the Trade Union and Labor Relations Adjustment Act provides, “A trade union” means an organization or associated organization organized by workers as its principal agent for the purpose of maintaining and improving working conditions and enhancing the economic and social status of workers: Provided, That it shall not be deemed a trade union in any of the following cases; however, Article 2 subparag. 4(d) of the Trade Union and Labor Relations Adjustment Act provides, “if a trade union permits non-workers to join the trade union.” However, Article 2 subparag. 4(d) of the Trade Union and Labor Relations Adjustment Act is limited to only a trade union for a company-level, and it does not apply to an industrial, occupational, regional trade union, etc. that does not require any dependent relationship with an employer from the original date (see, e.g., Supreme Court Decision 2011Du15404, Sept. 27, 2013).

Since the Plaintiff’s appointment as the so-called primary corporate trade union is as seen earlier, the instant disposition ordering the correction of the instant bylaws is unlawful on the ground that the Plaintiff is not a worker on the ground that Article 2 subparag. 4(d) of the Trade Union Act is also applicable to the industrial and regional trade unions.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

The presiding judge and judges;

Judges Kim Jong-chul

Judges Yoon Jae-sung

A person shall be appointed.