취업자격 없는 외국인근로자의 노동조합 설립

Abstract

The subject case pertains to the issue of labor union establishment by foreign workers who have not obtained the status of sojourn eligible for employment due to illegal stay and other reasons. As to the above matter, the subject case expressly stated that foreign workers who have not obtained employment eligibility fell under workers prescribed by the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), and that the sojourn status could not be the determinant of whether a foreigner constitutes a worker under the said Act. Furthermore, the subject case saw that foreign workers not having the status of sojourn eligible for employment could establish a labor union, so long as they were considered as workers under the Trade Union Act. The subject case is significant in that it contributed to ensuring the protection of human rights of foreign workers not eligible for employment and to setting the limit on the competent administrative agency’s authority as to reviewing the labor union establishment report.