Supreme Court Recognizes Ssangyong Motor Union Strike Responsibility, Orders Reduction of Compensation Amount

Court: "Strike Legitimacy Exceeded Limits, Compensation Amount Needs Recalculation"

The Supreme Court has ruled that ordering the Metalworkers' Union to pay 3.3 billion won in damages for supporting Ssangyong Motor workers who conducted a long-term strike in 2009 is excessive.

The Supreme Court's Third Division (Presiding Justice No Jeong-hee) on the 15th overturned the lower court's ruling that ordered the Metalworkers' Union to pay Ssangyong Motor 331.14 million won plus delayed damages in a lawsuit filed by Ssangyong Motor against the Korea Metal Workers' Union, and sent the case back to the Seoul High Court.

The Supreme Court found that no objective evidence was submitted to justify the payment of damages, and it was difficult to consider the costs as those ordinarily incurred to restore the damages Ssangyong Motor suffered due to the strike or to prevent subsequent damages.

The court stated, "Since the strike exceeded the limits of its legitimacy, the defendant (Metalworkers' Union) is responsible for compensating the plaintiff (Ssangyong Motor) for the damages caused," affirming the lower court's judgment on this point.

However, the court ruled that "the 1.882 billion won paid by the plaintiff to workers returning from the strike around December 2009 cannot be regarded as damages substantially related to the strike," and that this amount should be excluded from the calculation of damages.

Members of the Metalworkers' Union Ssangyong Motor branch conducted a 77-day strike and sit-in protest against mass layoffs from May to August 2009. Ssangyong Motor filed a lawsuit against the union and its members, claiming damages due to production disruptions and other losses caused by the strike.