Korea Railroad Corporation (KORAIL) has reportedly lost in the second trial of the lawsuit aimed at preventing train crew members from participating in a strike, as of the 28th. This is the same conclusion as in the first trial. Here, train crew members refer to the KTX train managers directly employed by KORAIL, the passenger service managers on regular trains such as the Saemaul-ho, and the operators of the metropolitan subway trains run by KORAIL.
The 7th Administrative Division of the Seoul High Court, presided over by Director General Koo Hoe-geun, delivered a ruling on the 21st in the second trial of the lawsuit filed by KORAIL against the Chairperson of the Central Labor Relations Commission, asking for the designation of train crew duties as essential maintenance duties.
Essential maintenance duties refer to a system that requires workplaces providing essential public services, such as railroads, aviation, and hospitals, to maintain a minimum level of workforce when employees go on strike. Under current law, duties related to rail operation and control, electrical, signaling, and communication maintenance and management, and track inspection and repair are included, but train crew duties are excluded.
KORAIL attempted to negotiate with the union in 2019 to designate train crew duties as essential maintenance duties. After failing, KORAIL applied to the Chungcheongnam-do Regional Labor Relations Commission in August 2020 to have train managers, passenger service managers, and subway train operators designated as essential maintenance personnel. These individuals are responsible for safety handling of train doors, departure signals, wireless communication, in-train announcements, and overall accident response.
However, the Labor Commission did not accept this. KORAIL applied for a reexamination to the Central Labor Relations Commission, but it was dismissed. Consequently, KORAIL filed an administrative lawsuit in May 2022.
KORAIL argued, "In a situation where most train crew members performing duties related to maintaining order inside the train, controlling train operations, monitoring, and regulating are union members, if all participate in the strike, train operations may become impossible."
However, the first trial ruled against KORAIL in January of last year. The court stated, "Essential maintenance duties are those that substantially jeopardize the public's daily life when they are disrupted, and the duties of train crew members do not fall into this category." It added, "Already, the minimum operational conditions for normal train operation have been met based on the established minimum maintenance and operation levels and necessary personnel for essential maintenance duties on railroads."
KORAIL appealed this ruling, but the second trial issued the same verdict as the first. The second trial court noted, "The duties of train crew members are closer to auxiliary tasks aimed at improving passenger convenience."
Meanwhile, KORAIL had also filed a lawsuit in June 2009, asking for the inclusion of train crew duties in essential maintenance duties. At that time, the first trial ruled against KORAIL, and this ruling was upheld in the appeal in July 2010.