National Human Rights Commission of Korea Annual Report 2017 47 workers, and whether an administrative office’s illegal union notification to a registered, active labor union is lawful. “The right for everyone, without any discrimination, to form and to join trade unions” is a basic human right specified under the United Nations’ International Covenant on Economic, Social and Cultural Rights, the International Labor Organization’s Convention concerning Freedom of Association and Protection of the Right to Organise (Article 87), and other international human rights standards. Also, given that it is the obligation of all state organizations to respect and faithfully implement international human rights treaties at home, international human rights treaties on the freedom of association, as well as the international community’s concerns and recommendations regarding the illegal union notification to the KTU should be Also, even considering the rationale presented at the first and second trials (special nature of off workers from joining the teachers’ union carries the risk of excessively limiting teachers’ right to organize when, in reality, people who are laid off, jobless, or looking for a job have no restrictions in joining an industrial, occupational, or regional labor union (non-enterprise level trade unions) since a 2004 ruling of the Supreme court (Supreme Court’s ruling on 27 February 2004, 2001Du8568). Thus, when determining whether a laid-off worker is eligible to join the union, sufficient consideration should be given to the KTU’s characteristics as a “non-enterprise level trade union.” Paragraph 2, Article 9 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act—the legal basis for the disposition—likely violates the principle of prohibiting excessive restriction to the basic rights guaranteed under the Constitution as it adopts the most intrusive method of denying the union’s status in sanctions against non-fulfilling remedial measures. Also, restricting the right to organize of the union’s absolute majority—60,000 or so members—because of nine laid-off teachers is not in line with the principle of proportionality as the damage done to the KTU is considerably larger than the expected public utility effect. Thus, the Commission submitted its opinion that, to determine the lawfulness of the disposition, consideration should be given to Paragraph 2, Article 9 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act and the principle of proportionality. Commission's Major Activities teaching jobs, the public nature of education, and students’ right to education), restricting laid- Part 2 used as an important reference in this litigation.