The Lawyers for a Democratic Society (Minbyeon) has strongly condemned the Supreme Court's ruling that dismissed a collective bargaining request by the subcontracted workers' union at Hyundai Heavy Industries, calling it unconstitutional and outdated.
On May 22, Minbyeon stated in a commentary that "the three rights of labor are specific rights that directly take effect under constitutional provisions, with the right to collective bargaining being the most fundamental." They emphasized that for this right to be guaranteed, it must be exercised against employers who effectively determine labor conditions.
This criticism arises from the fact that subcontractors have historically avoided negotiations by claiming they lack authority without the approval of the primary contractor. The Supreme Court's ruling, which absolves the primary contractor of responsibility, is seen as contrary to the spirit of the constitution.
Minbyeon particularly criticized Hyundai Heavy Industries for pursuing profits by employing subcontracted workers instead of regular employees while evading the responsibilities and risks that come with being an employer.
They asserted, "It is a basic legal principle that where there is profit, there is responsibility," arguing that the primary contractor, which benefits from the use of subcontracted workers, has an obligation to respond to the inevitable demands for collective bargaining.
Furthermore, Minbyeon stated that this ruling undermines the significance of the Supreme Court as the highest judicial body responsible for realizing constitutional values.
They also claimed that the Supreme Court distorted the intent of the amended labor law. The amended law recognizes those who exercise substantial and concrete control as employers, confirming previous rulings and decisions by the Central Labor Relations Commission, yet the majority opinion of the Supreme Court treated this as a new creation of rights.
Minbyeon concluded, "Strengthening the responsibilities of primary employers and recognizing their employer status is an irreversible trend of the times," pledging to stand in solidarity with subcontracted workers fighting for their labor rights and to monitor closely to prevent the recurrence of such regressive rulings.
The day before, the Supreme Court's full bench, led by Justice Oh Kyung-mi, ruled in favor of Hyundai Heavy Industries, stating that there is no obligation to engage in collective bargaining in the case brought by the subcontracted workers' union in 2017.
* This article has been translated by AI.
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