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| TITLE | Supreme Court Decision 2009Da29366 Decided March 24, 2011 [Damages] [full Text] |
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| Summary | |
| [1] Where a special arbitration committee did not produce a mediation proposal and decided to recommend conditional referral to arbitration in an industrial dispute between the Korean Railroad Workers' Union and the Korea Railroad Corporation, the case affirming the court below's holding that the recommendation of conditional referral to arbitration was lawful under the proviso of Article 48 (6) of the Article 48 (6) of the former Regulations of the Labor Relations Commission and Article 74 (1) of the former Trade Union and Labor Relations Adjustment [2] Where the special arbitration committee decided on recommendation of conditional referral to arbitration but the chairman of the Labor Relations Commission postponed such referral on three occasions, the case affirming the court below's holding that this decision to postpone referral of arbitration cannot be seen as used only as a method of placing absolute and actual limitations on industrial actions taken by the Korean Railroad Workers' Union, and neither can the fact that the eventual referral for arbitration was made three months after the conditional recommendation by the special arbitration committee establish deviation from and/or abuse of the committee's discretionary power [3] The scope of industrial actions exempt from civil liability for damages under Article 3 of the former Trade Union and Labor Relations Adjustment Act, and the criteria for an industrial action to be legally permissible ... | |
