The Seoul Western District Criminal Appeals Court on February 16 made a verdict that in the case of the Korean Railway Workers' Union(KRWU) which is an industrial union, dismissed workers can be union members.

 

The court explained the rationale behind the court ruling that since the KRWU is not an enterprise-based union but an industry-based union, it shall not limit its organizational jurisdiction only to the employees of the Korea Railroad Corporation(Korail) but it can extend its union coverage to all workers in the railway industry.

 

When dismissed employees were elected as KRWU local union leaders in 2011, Korail filed an application for a correction order with the Ministry of Labor and Employment(MOEL), citing that KRWU violated its by-laws. The MOEL granted the Korail's application for a correction order, but KRWU did not comply with the correction order. Lee Young-ik, former KRWU president, was therefore indicted on the charges that he infringed upon the Trade Union and Labor Relations Adjustment Act.

 

Both the first and second trial of the court had sentenced a fine of 1 million won(US$873) to former KRWU president Lee Young-ik. The Supreme Court, however, decided that he is acquitted on all charges, dismissing the lower court's rulings, for the reason that KRWU is an industry-based union.

 

reported by Bae Hye-jeong
translated by Kim Sung-jin

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