Constitutional Court Dismisses Constitutional Complaint Against Yellow Envelope Act Filed by Lawyers Representing SMEs
Kim Taehoon, Honorary President of the conservative lawyers' group "Lawyers for Human Rights and Unification of the Korean Peninsula," filed a constitutional complaint against the so-called "Yellow Envelope Act" (the amendment to Articles 2 and 3 of the Trade Union and Labor Relations Adjustment Act), but the Constitutional Court dismissed the case.
According to the legal community on October 23, the Constitutional Court dismissed Kim's complaint the previous day. Last month, Kim, representing several small and medium-sized enterprises, requested the court to rule the Yellow Envelope Act unconstitutional. Kim stated, "The court ruled the complaint inadmissible on the grounds that the claimant companies do not have labor unions, so there is no direct relevance." However, he argued, "In reality, even small and medium-sized enterprises that supply to large companies with unions could face production disruptions and severed business ties, threatening their very survival."
Previously, on September 10, Kim filed the constitutional complaint, claiming, "The Yellow Envelope Act expands the definition of 'employer' based on the vague standard of 'substantial control,' violating the constitutional principle of legality and increasing the risk of criminal liability, thereby infringing on the freedom of economic activity, as well as the freedom of contract and business."
Hot Picks Today
[Exclusive] "We Warned You Four Times"... Another Defect Found in Bathroom at LH Happy Housing Site
- "Eerily Similar to the COVID-19 Crisis"... Mysterious Death at Russian Research Institute Revives 'Pandemic Nightmare' [Current Affairs Show]
- "Busan Is in Big Trouble"... One Cockroach Can Produce 350 Nymphs; Establishment Confirmed, Causing Alarm
- "Older people won't be able to tell"... Gang targets convenience stores with counterfeit 50,000-won notes printed on A4 paper
- "I Hate Dog Meat and Skate, Love Pizza" ... "Let's Meet" Frenzy Over Beautiful 41-Year-Old Nurse, But There's a Twist
Meanwhile, the Yellow Envelope Act, promulgated on September 9, broadens the definition of "employer" to strengthen the responsibility of principal contractors for subcontracted workers and limits the scope of damages claims against unions or workers. The law is scheduled to take effect on March 10 next year.
© The Asia Business Daily. All rights reserved. Unauthorized AI training and use prohibited.