Supreme Court, the judgment of the national court over the centrifugal court… Raise the hand of the union after 14 years of ‘prison strike’
“It is against the law to move police helicopters and cranes”… Equipment damage 1.1 billion unrecognized
On the 30th, in front of the Supreme Court in Seocho-gu, Seoul, on the 30th, when the Supreme Court decided to cancel and remand a lawsuit for damages filed against Ssangyong Motor workers who went on strike against the company’s layoffs in 2009, Kim Deuk-joong, head of the Ssangyong Motors branch of the Korea Metal Workers Union Workers participating in the strike at the time perform a performance of tearing and blowing pieces of paper that read “Compensation for compensation of 3 billion won.” Reporter Seong Dong-hoon
The Supreme Court has decided to re-examine a lawsuit for compensation filed by the state (police) against Ssangyong Motor workers who went on strike in 2009 against the company’s layoffs. The Supreme Court said that if the workers caused some damage to police equipment while defending against an illegal police stop, that would amount to self-defence and could not be held liable for damages. This is a conclusion that came 14 years after the Ssangyong Motor strike.
On the 30th, the first division of the Supreme Court (Presiding Judge Noh Tae-ak) overturned the lower court’s ruling that the state prevailed in a lawsuit for damages filed by the state against the workers of Ssangyong Motor and sent the case back to High Seoul. Court
In May 2009, the Ssangyong Motors Union of the Korea Metal Workers Union occupied the factory and staged a strike against layoffs. The police extinguished the protest by releasing a large amount of poisonous tear gas on the roof of the factory where the workers were stationed. They also put pressure on workers by hanging empty containers from cranes. As the workers protested, some helicopters and cranes were damaged, and the state filed a lawsuit against the workers asking for compensation. The first and second trials recognized the workers’ liability for compensation.
However, the Supreme Court said that if the police prevented the sit-in in an illegal way, the workers could not be liable for compensation even if they damaged some protective equipment. The Supreme Court said, “If a police officer causes harm to the life or body of others by using certain police equipment beyond the required minimum scope and in a manner different from the normal use prescribed by the laws and the relevant regulations when performing duties, performing the duty is illegal unless there are special circumstances. You have to see,” he said.
The Supreme Court said that a standoff by police helicopters amounts to an unlawful performance of duties based on laws such as the Police Officers’ Performance of Duties Act, and that the damage suffered by workers in the process of resisting it could be self-inflicted. protect
Damages related to helicopters and cranes amounted to 1,114.9 million won, accounting for most of the total damages (1,128.91 million won) recognized by the lower court. This means that the Supreme Court has sided with the workers. Kim Deuk-joong, head of the Ssangyong Motors branch of the Korea Metal Workers’ Union, said after the sentencing, “The police must drop the case and apologize to the workers.”
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