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Panorama view of Asiana Airlines headquarters. (Photo = Asiana Airlines) |
[Alpha Biz= Kim Jisun] SEOUL, April 29 — The Asiana Airlines Pilots Union announced on the 29th that it has filed for an injunction at the Seoul Southern District Court to suspend the transfer order of Asiana Airlines' cargo pilots to Air Incheon.
According to the union and industry sources, Asiana Airlines confirmed the individuals targeted for transfer to Air Incheon in February and notified them via email. The transfer involves 778 employees, including 248 pilots who currently operate Asiana's cargo aircraft, the 'B747' and 'B767', as well as staff from the cargo division.
In a statement released on the same day, the union argued that the transfer order without the individual consent of the pilots is unfair. The union claims that contrary to the company's argument of a "material division merger," the sale process did not involve any corporate division and should be considered a "business transfer."
Citing Article 657 of the Civil Act, which states that "an employer may not transfer its rights to a third party without the employee’s consent," the union contends that the email confirming the transfer targets without the pilots' consent is unlawful.
On the other hand, Asiana Airlines interprets the transfer as legal based on a Supreme Court ruling in 2013, which allows for the transfer of employees to the successor company during a business division merger, even without the employees' consent, provided there was consultation with the employees. The airline also argues that multiple employee briefings were held over the past two years, ensuring there were no issues with the process.
The sale of Asiana Airlines' cargo business was initiated as part of Korean Air's acquisition of Asiana Airlines, in order to obtain approval from the European Commission (EC) and the Japan Fair Trade Commission (JFTC). Korean Air signed a basic agreement with Air Incheon in August of last year for the sale of Asiana’s cargo business. After receiving approval from both the JFTC and the EC, Korean Air completed the acquisition process of Asiana Airlines in December 2024.
In January, Air Incheon signed a division and merger agreement to acquire Asiana Airlines' cargo business for 4.7 trillion KRW. This agreement was approved by a 99% vote at an extraordinary shareholders' meeting held in February. The deal will be finalized once Air Incheon pays the 4.7 trillion KRW to Asiana Airlines through a paid-in capital increase in June. The transfer of Asiana’s cargo employees to Air Incheon is expected to take place at the end of June.
AlphaBIZ Kim Jisun(stockmk2020@alphabiz.co.kr)
