Gwangju High Court Partially Grants Injunction for Howon Branch's Negotiation Acceptance

Collective Bargaining Rights Recognized

The Gwangju-Jeonnam branch of the Korean Metal Workers' Union at Howon has regained its collective bargaining rights after partially winning an appeal for a provisional order to compel negotiations with the management.

According to the Howon branch on the 10th, the 5th Civil Division of the Gwangju High Court (Presiding Judge Bae Kiyeol) partially accepted the union's application and overturned the first-instance decision in the appeal for a 'provisional order to compel collective bargaining' filed by the Metal Workers' Union against Howon Co., Ltd.

The appellate court ordered, "Howon must engage in collective bargaining with the Metal Workers' Union, and if it fails to do so, it must pay 3 million won per day."

Workers at Howon, an auto parts company in Gwangju and a partner of Kia Motors, established a union affiliated with the Metal Workers' Union in 2020. Subsequently, a second union was formed at Howon and obtained representative union status and bargaining rights. However, it was later revealed in criminal court that management, including the then general manager, had colluded or intervened in the formation of the second union to deprive the original union of its bargaining rights, resulting in a guilty verdict.

The Howon branch also won an administrative lawsuit contesting the Central Labor Relations Commission's decision to recognize the second union's bargaining rights, thereby regaining its bargaining authority. However, after the management refused to negotiate nine times, the branch filed this 'provisional order to compel bargaining' with the Gwangju District Court.

Previously, the Gwangju District Court dismissed the first-instance provisional order, stating, "Granting the order would result in an outcome similar to winning the main lawsuit, and the company would suffer significant adverse effects."

In response, the Howon branch appealed and obtained a partial acceptance in the appellate court. The appellate court ruled, "The establishment of the disputed union (the second union) and the signing of the collective agreement are both invalid, so the Howon branch, as the only union demanding collective bargaining in 2020, has the authority to negotiate and sign a collective agreement."

Following the appellate decision, Howon management announced internally, "This ruling is unprecedented, and we will seek a final judgment through a higher court," adding, "The provisional order is limited to the 2020 collective bargaining, and the current bargaining rights from that point onward belong to the present representative union."

Meanwhile, the Howon branch plans to hold a press conference today, urging management to engage in good-faith negotiations following the provisional order.