Constitutional Court says fired teachers cannot join teachers` union

The Constitutional Court on Thursday declared constitutional a law that provided legal grounds for the government`s depriving the Korean Teachers and Education Workers Union (KTU) of its legal status as a labor union, dimming the prospect for the union`s legal battle to regain the status.

The court made the decision by an 8-1 vote, ruling that the law did not violate the Constitution. "It is necessary to grant the eligibility for becoming members of the teachers` union only to incumbent teachers," the Constitutional Court said. "Allowing fired teachers to join the union could possibly undermine its independence."

The law limits the union`s membership to incumbent teachers serving at elementary, middle and high schools, preventing fired teachers from being members. Dismissed teachers can maintain their membership only while they are waiting for the ruling on their complaint against their dismissal.

Still, the Constitutional Court`s latest ruling does not immediately lead to its recognition of the KTU`s loss of a labor union status. The court said that it is up to the administrative authorities` discretion to determine whether to outlaw the KTU, adding that the judiciary can judge whether the administration`s decision is legal or not. After all, the final decision on the KTU`s legal status will be made by a court.

journari@donga.com