All Eyes on Samsung Electronics Injunction Lawsuit as Court May Delay Ruling Until Just Before Strike [Samsung Electronics Strike D-3]

Samsung Electronics and its labor union agreed on the 18th, three days before a general strike, to resume talks, while the government also raised the possibility of invoking emergency arbitration for the first time. The move is drawing attention to whether it could affect the injunction lawsuit seeking to ban illegal strike activity. Although the court was initially expected to reach a decision on the 18th or 19th, the increasingly urgent situation is raising the possibility that a ruling may not come until just before the strike.
A lawyer in Seocho-dong said on the 17th, "Since the hearing has already been completed, it is likely the panel has reached a conclusion internally." The lawyer added, "However, because there are many issues at stake, the court may spend the weekend drafting the ruling and announce it as early as the 18th or 19th."
The biggest variable, however, is the second post-hearing mediation scheduled for the 18th. That day, the two sides will try again to narrow their differences over matters such as bonus payment standards at the National Labor Relations Commission in Sejong City. With another dramatic opportunity for dialogue now open, the court is also more likely to wait and see whether labor and management can reach an agreement first. Because the law is meant to serve as only a "minimum fence" for resolving social conflict, the court may prefer to encourage a voluntary settlement rather than rush into a compulsory ruling. If the two sides reach a dramatic agreement and the company withdraws its injunction request, the court can close the case immediately without separately determining whether the strike action was illegal.
Another variable is the "emergency arbitration" mentioned by the government on the 17th. If the second post-hearing mediation collapses and the government invokes emergency arbitration, the union would be barred from striking for up to 30 days. In that case, the injunction's core requirement of "urgent necessity" would temporarily disappear, so courts typically postpone the decision date or set it later. However, if the union goes ahead with the strike despite the government's emergency arbitration, that would clearly be illegal, making it extremely likely that the court would grant the injunction.
If labor and management fail to reach an agreement and the government does not invoke emergency arbitration, the matter will ultimately be left entirely to the court. Legal experts expect the injunction decision could then be delayed until just before the strike, such as the afternoon of the 20th or midnight on the 21st. Given the significant impact of the case, the court is likely to allow a final window for voluntary settlement right up until the strike begins.
In the worst-case scenario, legal observers say the court could partially acknowledge the procedural validity of Samsung Electronics' labor dispute while issuing a compromise ruling, such as a partial grant, to minimize economic and social fallout.
One possibility is a limited grant that would ban only the occupation of key Samsung Electronics facilities, such as semiconductor lines, while allowing other ordinary forms of strike action.
Meanwhile, it has been confirmed that the Samsung Electronics union has not yet withdrawn its notification for a rally scheduled for the 21st in front of Lee Jae-yong's home.
hwlee@fnnews.com Lee Hwan-ju, Jung Kyung-suk Reporter