Points of law

The Labour Court affirms the decision of the Stockholm City Court that KTC enjoys immunity because of its activities and close connections with the Korean State.

Summary of the case

Douglas H sued KTC for damages on account of having been given notice to quit without grounds of fact. KTC claimed state immunity for being an entity of the Korean State. The Stockholm City Court asked for a statement by the Swedish Ministry for Foreign Affairs on the question of immunity. In the statement (appendix 3) the Ministry concluded that the information sent by the Swedish Embassy in Seoul implied that KTC acted as a public entity (jure imperii), why it would enjoy immunity according to the interpretation of public international law claimed by Sweden before the UN. Based on the information about KTC's activities and its close connections with the Korean State, the Stockholm City Court found that it had been made clear that KTC enjoyed immunity. Douglas H appealed to the Svea Court of appeal that affirmed the City Court's dismissal of the appeal on the same grounds. Douglas H appealed to the Supreme Court, which found that the claim referred to a dispute that should have been appealed to the Labour Court. Therefore, the Supreme Court sat aside the decision of the Court of Appeal and handed over the case to the Labour Court. Finally, the Labour Court affirmed the decision of the Stockholm City Court.

Sources

- Riksarkivet (National Archives), Arbetsdomstolens arkiv, Inkomna mål 1987, Vol. EI:1219, målnr B 41/87
- Nytt Juridiskt Arkiv 1987, Avd I, Case No. 1987:59 (partly published)

Additional information (explanations, notes, etc.)

Supreme Court decision 30 December 1999 (Nytt Juridiskt Arkiv 1999, Avd. I, Case No. 1999:112)