ANNUAL REPORT 2015
Therefore, the Commission requested cooperation on January 26th to all provincial and
metropolitan offices of education and called for school faculties and parties involved to raise
awareness on the issue.
D. Chairperson’s statement commemorating the first anniversary of the Sewol
ferry disaster
The Commission found that there was room for much improvement in the overall measures
to overcome the aftermath of the Sewol ferry disaster. Therefore, it announced a statement on
April 16th to commemorate the first anniversary of the Sewol ferry disaster, calling for:
1. swift operation of the Special Committee for Investigating the Sewol Ferry Disaster; and
2. improvements in related legislations and institutions by the government and the National
Assembly to fulfill their duties to effectively ensure the lives and safety of citizens.
E. Chairperson’s statement on the ruling of the Supreme Court in favor of
launching the labor unions of immigrant workers
Regarding the Revocation of Disposition on Return of Labor Union Establishment raised by
the labor unions of immigrant workers in Seoul, Gyeonggi, and Incheon, the Supreme Court
ruled that:
1. as long as a foreigner can be included under the scope of “worker” prescribed under the
Trade Union and Labor Relations Adjustment Act, it is difficult to acknowledge that such a
foreigner cannot be included under the scope of “worker” depending on whether he or she
has obtained sojourn status as a foreigner and employment eligibility; and
2. a foreigner who has not obtained sojourn status to work in the Republic of Korea pursuant
to the Immigration Control Act is included under the scope of “worker” who may form or
join a labor union. (Supreme Court en banc Decision 2007Du4995 Decided June 25, 2015)
In response, the Commission quoted from its opinion submitted to the Supreme Court in
2008 that claimed that foreigners, including those who have not obtained sojourn status in the
Republic of Korea pursuant to the Immigration Control Act, have the legal right to form a labor
union in a labor relationship that has a different target of legal regulation from the forementioned
provision. Then, the Commission followed with a welcoming statement on July 1st to express
that it hopes to see that the court’s decision serves as an opportunity to equally ensure the right to
38 | National Human Rights Commission of Korea