Whether the Labor Relations Commission's decision on whether a labor dispute occurred is an administrative disposition or not.

Upon receipt of a report of labor disputes, the decision of legality made by an administrative agency directly affects the rights and obligations of the people, so it has the nature of administrative disposition subject to appeal litigation.

Article 14 of the Trade Dispute Mediation Act, Article 16 of the Trade Dispute Mediation Act, Article 1 of the Administrative Litigation Act

Korea Shipowners Association and 17 others, an incorporated association,

Busan Seafarer Labor Relations Commission

Daegu High Court Decision 67Da23 delivered on January 25, 1968

The original decision is reversed, and the case is remanded to the Daegu High Court.

As to the grounds for reappeal by the re-appellants,

According to the explanation of the reasoning of the original decision, the local or special labor committee shall, without delay, examine the legitimacy of the report of the occurrence of a labor dispute by the parties concerned, and if there is a lawful decision as a result of the examination, a certain cooling period has been set from the date of the determination. However, this decision is merely an administrative disposition that causes legal effects such as merely an adjudication on the formal requirements or procedures for the report of the occurrence of a labor dispute, and giving specific rights or obligations to the parties concerned.

However, according to Article 14 of the Trade Dispute Mediation Act, an industrial action cannot be conducted without a decision that the labor dispute is lawful since it cannot be commenced within a certain period from the date of the decision of the Labor Dispute Mediation Act, and therefore, it cannot commence an industrial action without a decision that the labor dispute is lawful. Therefore, it shall not be denied that the above decision directly affects the rights and obligations of the people. Thus, the decision has the nature of an administrative disposition that is the object of an appeal litigation, and even though the decision has the nature of the administrative disposition that is the object of an appeal litigation, there is an error of law by misunderstanding the legal principles as to the decision of legality by the report of the occurrence of the labor dispute, and the decision of the court below is not reversed.

Therefore, according to Article 14 of the Administrative Litigation Act and Article 413(2) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

The presiding judge of the Supreme Court (Presiding Judge)