Section 3: Collective Industrial Relations
Chapter 1: Unfair Labor Practices
1. Overview
(3) Recognition of Succession of Litigation Procedure of Industry-Specific Labor Union When Incorporating Subsidiary Organizations into Industrial Labor Unions due to Organizational Form Changes
| Supreme Court Decision on December 29, 2016, Case 2015du1151 | |||||
| * Plaintiff, Appellee: Korean Metal Workers' Union as the legal successor of the Samsung Labor Union
* Defendant: Chairman of the National Labor Relations Commission * Defendant's Assistant Participant, Appellant: Samsung C&T Corporation (previously Samsung Everland Co., Ltd. before 2014, and Cheil Industries Inc. before 2015) 1. Facts a. The Samsung Labor Union, which was the plaintiff in the first instance, submitted a union establishment report to the Seoul Southern Branch of the Seoul Regional Employment and Labor Office on July 13,2011, and received the establishment certificate on July 18 of the same year. b. On December 28, 2012, the Samsung Labor Union held a general meeting and resolved to change its organizational form to become a branch under the Gyeonggi Branch of the plaintiff. Around that time, it was incorporated into the Gyeonggi Branch of the plaintiff. c. On November 6, 2014, the plaintiff filed an application for succession in legal procedures with the appellate court due to the aforementioned organizational change. The appellate court recognized the plaintiff as the legal successor of the Samsung Labor Union and proceeded with the legal procedures. 2. Court Judgment a. Articles 16(1)(8) and 16(2) of the Trade Union and Labor Relations Adjustment Act allow a union to change its organizational form during its existence after established if the change is resolved at a general meeting with the attendance of a majority of the total union members and the approval of at least two thirds of the attending members. This provision enables the union to change its organizational form without undergoing dissolution, liquidation, and reestablishment procedures. It ensures that the legal relationships surrounding the labor union, such as the existing property rights and obligations or the validity of collective agreements are maintained and succeeded by the new organizational form, thereby practically supporting workers' freedom to establish or choose the organizational form of a union. b. When a unit union, by resolution of its general meeting, is incorporated as a subordinate organization of an industrial union, it constitutes a type of organizational change envisaged by the Trade Union Act. In such cases, the industrial union, barring any special circumstances, succeeds the rights, obligations, and legal relationships of the unit union and can therefore continue the legal procedures previously undertaken by the unit union. c. The appellate court's recognition of the succession in legal procedures is legitimate in light of the aforementioned legal principles, and there is no error in understanding of the legal requirements for succession in legal procedures. |
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| Download : 대법 2015두1151.pdf | |||||
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