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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2022Du57138 Decided April 16, 2024 【Petition for Arbitration Award Regarding Labor Disputes of Teachers to be Vacated】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] As regards a pending lawsuit for confirmation of invalidation or revocation of an administrative disposition, cases where an interest in a lawsuit is recognized on an exceptional basis even though the restoration to the original condition seems impossible, even if the relevant administrative disposition is vacated, due to the extinguishment of the legal effect upon the lapse of period, and the meaning of “where there is a risk of recurrence of illegal dispositions on the same grounds as the relevant administrative disposition,” which is one of such exceptions Whether the above legal doctrine likewise applies to cases involving lawsuits seeking confirmation of invalidation or revocation of an arbitration award (affirmative) [2] Meaning of an arbitration award rendered by the National Labor Relations Commission being “inconsistent with any Act or subordinate statute or ultra vires,” which is the grounds for objection to an arbitration award, and whether it is allowed to appeal an arbitration award on the sole grounds that it is unfairly unfavorable or unreasonable to either one of the labor or management (negative) [3] Whether matters that are stated in Article 7(1) of the Act on the Establishment and Operation of Teachers’ Unions to have no effect as a collective bargaining agreement may be subject to an arbitration award (affirmative), and whether it is unlawful for an arbitration award to set forth such matters (negative) [4] Whether an arbitration award containing matters constituting an infringement or restriction of the essential and fundamental powers of an educational institution and educational administrative institution, which are oriented towards guaranteeing the people’s right to education is illegal (affirmative), and methods for determining what constitutes such infringement and restriction | |
