The provisions on the basis of the corrective order are belatedly inconsistent with the Constitution...Grand Code, "No retrial".

The Supreme Court ruled that even if the basis for the corrective order issued by the administrative authorities was belatedly decided to be inconsistent with the Constitution by the Constitutional Court, a retrial cannot be requested for this reason.

On the 27th of last month, the Supreme Court rejected a request for retrial filed by the National Metal Workers' Union.

The Supreme Court decided that the improved law could not be applied retroactively to constitutional nonconformity decisions of provisions unrelated to punishment.

In November 2010, the Korean Metal Workers' Union signed a collective agreement with five companies and received a correction order from the Labor Office for deciding to receive offices, furniture, and supplies from the management.

At that time, the Labor Union Act prohibited the company from providing operating expenses to the union, believing that there was a risk of harming the union's independence.

The Korean Metal Workers' Union filed a lawsuit against the corrective order, but the loss was confirmed by the Supreme Court in March 2016, and the Constitutional Court accepted the constitutional petition filed by the Korean Metal Workers' Union two years later and decided that the clause was inconsistent with the constitution.

In June 2018, after the constitutional inconsistency decision, the Korean Metal Workers' Union filed a retrial with the Supreme Court to cancel the corrective order because the grounding clause was found unconstitutional.