A Seoul appeals court said Friday that a left-leaning teachers’ union should be recognized as a legitimate trade union until the court releases a final verdict on its status.
The decision marked a rare victory for the embattled Korean Teachers and Education Workers’ Union in its prolonged battle with the government to avoid being shut down.
“The court has recognized the urgent need to prevent the irreversible damage (to the KTU that would result) from being labeled an illegitimate group. And there is no evidence (that leads us) to believe that suspending the execution (of the June ruling) will lead to severe infringement of the public interest,” the Seoul High Court said.
Last October, the Ministry of Labor and Employment said it would deregister the KTU for violating a labor law which prohibits trade unions from accepting fired workers as members. After the Seoul Administrative Court’s landmark ruling in June effectively outlawed the union, the group filed for an injunction to suspend the execution until the appeals court handed in its final ruling.
On the heels of the ruling, the Education Ministry ordered all full-time members of the KTU to return immediately to their teaching posts. Upon the group’s refusal, the ministry urged the local education superintendents to punish the noncomplying KTU members. When some education offices still did not comply, the ministry vowed Wednesday to carry out the disciplinary actions on its own.
Friday’s decision will eliminate legal grounds for further punishment of KTU members, and allow the group to keep full-time members at its office.
The appeals court also accepted the KTU’s request for the Constitutional Court to determine whether the clause barring dismissed educational workers was unconstitutional. The KTU has claimed that allowing dismissed workers to become union members is an international norm, citing the International Labor Organization, which criticized the government’s decision to disband one of the largest group of teachers in Korea.
Later on Friday, the KTU released a statement urging the National Assembly to revise the controversial clause. It also welcomed the appeals court’s decision and lambasted the government for “ruthless oppression.”
While the KTU has dodged a bullet for now, the dispute over its status is far from over. If the Supreme Court decides to outlaw the group, the KTU will be banned from collecting membership fees, receiving support from the Education Ministry and participating in collective bargaining with the government.
By Yoon Min-sik (
minsikyoon@heraldcorp.com)
