전교조 법외노조 통보처분 취소 소송의 쟁점 ― 대상판결: 서울행정법원 2014. 6. 19. 선고 2013구합26309 판결 ―

The Employment and Labor Minister gave notice to the Educational Worker`s Union (KUT) on Oct. 24, 2013 that the union is an illegal labor organization on the grounds that nine teachers dismissed from schools have still its membership. KUT filed a suit against the Minister, but the Seoul Administrative Court has turned down the union's claims. The result is that KUT, which has 60,000 members and has been working as a legal union for about 15 years, is in danger of being pushed away from the protection of the law. The basis of the notice of the Minister is Article 9 (2) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act, but its provision is invalid because of no mandate in the law. Ignoring the point, the ruling of the Seoul Administrative Court is illegal. In addition, the judgment has misunderstood Article 2 of the Act on the Establishment and Operation of Trade Unions for Teachers (AEOTUT), which is suspicious of unconstitutionality because it denies dismissed teachers to join the union and return an application for the establishment of labor union. The Seoul High Court has recently decided to request an adjudication on the constitutionality of Article 2 of the AEOTUT to the Constitutional Court, that is likely to have a positive judgment. Along with this process, a legislative solution to delete the provision shall be sought.