[Order]
All appeals are dismissed. The costs of appeal shall be borne by each appellant.
[Reasoning]
1. Judgment on the appeals filed by Plaintiff 6, Plaintiff 7, Plaintiff 8, Plaintiff 9, and Plaintiff 10
A. As to Ground of Appeal No. 1
In order for a labor dispute action (쟁의행위) by workers to be lawful, all of the following requirements must be satisfied: first, the subject thereof must be capable of being a party to collective bargaining; second, its purpose must be to promote autonomous bargaining between labor and management for the improvement of working conditions; third, it must commence only when the employer has refused collective bargaining regarding specific demands for improvement of workers' working conditions, and, absent special circumstances, must go through procedures prescribed by statute, such as a resolution of approval by union members; and fourth, its means and methods must be in harmony with the employer's property rights and must not amount to the exercise of violence (see Supreme Court Decision 97Do588 delivered on January 20, 1998; Supreme Court en banc Decision 99Do4837 delivered on October 25, 2001, etc.). Whether to implement corporate restructuring, such as layoffs for managerial reasons, consolidation of business organizations, or privatization of public enterprises, is a matter belonging to the high-level managerial decision of the management, and in principle cannot be the subject of collective bargaining. Absent special circumstances such as its being pursued with impure intent without urgent managerial necessity or reasonable grounds, if a labor union in substance engages in a labor dispute action to oppose the implementation itself, such labor dispute action cannot be recognized as having a legitimate purpose, even if the implementation inevitably entails changes in the workers' status or working conditions (see Supreme Court Decision 99Do5380 delivered on February 26, 2002). Where the purposes pursued in a labor dispute action are multiple and some of them are improper, the propriety of the purpose of the dispute action must be judged by reference to the propriety of the main or true purpose, and where it is found that the labor dispute action would not have been carried out but for the inclusion of the improper demand, the entire dispute action must be deemed to lack legitimacy (see Supreme Court Decision 2000Do2871 delivered on June 26, 2001).
The court below, upon comprehensive consideration of the adopted evidence, found the facts as stated in its holding, and determined that, although the improvement of working conditions of workers belonging to the Korea National Railroad (철도청) was one of the major causes leading the Railroad Workers' Union (철도노조) to carry out the general strike as a labor dispute action on February 25, 2002, the main purpose thereof was found to be a struggle against the government to oppose the railroad privatization policy and to demand its withdrawal, and it is reasonable to find that, had the issue of withdrawal of railroad privatization, one of the main demands, been excluded, the Railroad Workers' Union would not have carried out the said dispute action; therefore, the said dispute action lost legitimacy in its purpose, and the entire dispute action must be deemed to lack legitimacy. Accordingly, the court below determined that the above plaintiffs' arguments, which presuppose the lawfulness of the Railroad Workers' Union's dispute action, were all without merit. Examining the record in light of the above legal principles, the court below's selection and rejection of evidence, fact-finding, and determination as above are acceptable, and there is no error of misapprehension of the rules of evidence or misapprehension of legal principles as alleged in the grounds of appeal.
B. As to Ground of Appeal No. 2
Where there exist grounds for disciplinary action against a person subject to discipline and a disciplinary measure is imposed, the determination of what kind of measure to take is left to the discretion of the disciplinary authority; only where it is recognized that the disciplinary measure taken by the disciplinary authority in the exercise of such discretion has markedly lost reasonableness in light of social norms, thereby constituting an abuse of the discretion entrusted to the disciplinary authority, can the measure be held unlawful. In order for a disciplinary measure to be held unlawful as markedly lacking reasonableness in light of social norms and exceeding the scope of discretion, it must be the case that, upon comprehensive consideration of various factors according to the specific case, such as the content and nature of the misconduct that gave rise to the discipline, the purpose sought to be achieved by the discipline, and the standards for determining the disciplinary measure, the content of the discipline can be objectively and clearly recognized as unjust (see Supreme Court Decision 2000Da60890, 60906 delivered on August 23, 2002).
The court below considered the following: the grounds for discipline against the above plaintiffs were violations of the duty of good faith under Article 56 of the State Public Officials Act (국가공무원법), the duty of obedience under Article 57, the duty not to leave one's post under Article 58, and the duty to maintain dignity under Article 63, and the degree of misconduct was not slight; moreover, Plaintiff 7 had a prior record of having received a three-month suspension from duty from the Commissioner of the Korea National Railroad, Plaintiff 9 had received a reprimand from the Commissioner of the Seoul Regional Railroad Administration, and Plaintiff 10 had received a two-month salary reduction from the Commissioner of the Seoul Regional Railroad Administration; Plaintiff 7, Plaintiff 8, Plaintiff 9, and Plaintiff 10 were each either the head of their respective Railroad Workers' Union branch or a member of the Central Labor Dispute Countermeasures Committee, and in substance led the dispute action; moreover, in the course of the dispute, Plaintiff 7 exercised violence against a superior and occupied the station master's office, Plaintiff 8 committed verbal abuse and threats against a superior, Plaintiff 9 not only obstructed inspection work by force but also incited the destruction of state property, and Plaintiff 10, as a member of the Central Labor Dispute Countermeasures Committee, in substance led the Railroad Workers' Union's dispute action; meanwhile, Plaintiff 6, despite the strike having ended by agreement between the Railroad Workers' Union and the Defendant, exercised violence and destroyed state property in the course of returning to his post. Considering all of the above comprehensively, the court below determined that, even taking into account the circumstances alleged by the above plaintiffs, the disciplinary measures of dismissal against Plaintiff 7, Plaintiff 8, Plaintiff 9, and Plaintiff 10, and the three-month suspension from duty against Plaintiff 6, cannot be said to constitute a deviation from or abuse of the disciplinary authority's discretion. Examining the record in light of the above legal principles, the court below's determination as above is also acceptable, and there is no error of misapprehension of legal principles concerning deviation from or abuse of disciplinary discretion as alleged in the grounds of appeal.
2. Judgment on the Defendant's appeal concerning Plaintiff 1, Plaintiff 2, Plaintiff 3, Plaintiff 4, and Plaintiff 5
The court below determined that, although the acts of Plaintiff 1, Plaintiff 2, Plaintiff 3, Plaintiff 4, and Plaintiff 5 as stated in its holding constituted violations of the duty of good faith under Article 56 of the State Public Officials Act, the duty of obedience under Article 57, the duty not to leave one's post under Article 58, and the duty to maintain dignity under Article 63, considering that the above plaintiffs had no prior record of disciplinary action before receiving the disciplinary measure in this case; that Plaintiff 1 and Plaintiff 2 had a record of having received a commendation from the Commissioner of the Korea National Railroad or the Commissioner of the Seoul Regional Railroad Administration; that the above plaintiffs did not directly assault superiors or destroy state property during the strike at issue in this case; and that the Railroad Workers' Union resolved the strike issue through agreement with the Defendant and is making efforts toward a reasonable railroad business, and comprehensively considering these circumstances, imposing dismissal—a severe disciplinary measure depriving one of public official status—on the above plaintiffs constitutes a deviation from or abuse of the disciplinary discretion, and therefore the disciplinary measures of dismissal against the above plaintiffs are unlawful. Examining the record, the court below's selection of evidence and determination as above are also acceptable, and there is no error of misapprehension of legal principles concerning deviation from or abuse of disciplinary discretion as alleged in the grounds of appeal.
3. Conclusion
Accordingly, all appeals are dismissed, and the costs of appeal shall be borne by each appellant. Meanwhile, pursuant to Article 3, etc. of the Addenda to the Korea Railroad Corporation Act (한국철도공사법), enacted as Act No. 7052 on December 31, 2003 and effective as of January 1, 2005, the authority of the Commissioner of the Korea National Railroad to impose disciplinary measures on public officials belonging to the Korea National Railroad was succeeded to by the Minister of Construction and Transportation (건설교통부장관); therefore, pursuant to Article 14(6) and the proviso of Article 13(1) of the Administrative Litigation Act (행정소송법), the Defendant is corrected to be the Minister of Construction and Transportation. This judgment is rendered as stated in the Order by the unanimous opinion of the participating Justices.
Presiding Justice Yoo Ji-dam, Justice Bae Ki-won, Justice Lee Kang-kook (Justice in charge), Justice Kim Yong-dam