Supreme Court view. yunhap news
The Supreme Court has ruled that the illegality of the police officers who forcibly entered the office of the KCTU to arrest the leadership during the 2013 national railroad strike strike should be re-examined in accordance with the revised relevant law.
The 2nd part of the Supreme Court (Chief Justice Min Yoo-suk) announced on the 26th that the National Confederation of Trade Unions (KCTU) reversed the original ruling that the plaintiff lost the lawsuit against the government and returned the case to the Seoul Central District Court.
On December 22, 2013, when the railway union held a strike against privatization, the police forcefully entered the office of the KCTU headquarters in the Kyunghyang Shinmun building in Jung-gu, Seoul, and arrested the railway union leadership. In response, the KCTU filed a lawsuit against the government, saying, “The police abused their powers, obstructed the members’ access to the office, and illegally entered the office without a search and seizure warrant. .
The first and second trial judges judged that the police’s entry was a legitimate execution of official duties. This is because Article 216 of the old Criminal Procedure Act stipulated that ‘If a criminal hidden in a building is arrested, a residential search, etc. may be conducted without a separate search and seizure warrant’. However, the Confederation of Trade Unions (KCTU) applied for an adjudication on the constitutionality of the law, claiming that the provision was unconstitutional, and the Constitutional Court accepted it in April 2018 and ruled that it is unconstitutional.
The Supreme Court respected the purpose of the Constitutional Court’s decision and ordered the police to re-evaluate whether the police are liable for damages. The Supreme Court said, “The original court applied the provisions of the old law, not the current Criminal Procedure Act, and concluded that it was difficult to see that the police officers’ duties were illegal.” The retroactive effect of the decision should be seen as crazy.”
Shin Ji-hoo reporter hoo@hankookilbo.com
Issues you may be interested in
.
