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Case jurisprudence on the justifiability of industrial actions

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  • Case jurisprudence on the justifiability of industrial actions
  • Kim, Seonsoo
  • Seoul National University(BK 21 Law)


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Title Case jurisprudence on the justifiability of industrial actions
Similar Titles
Material Type Reports
Author(English)

Kim, Seonsoo

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2002
Journal Title; Vol./Issue Journal of Korean Law:vol. 2(no. 2)
Pages 26
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Social Development < Employment
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

The Constitution of the Republic of Korea guarantees three labor rights, the right to organize, the right to bargain collectively and the right to take a collective action as fundamental rights, and these basic labor rights are materialized in the Trade Union and Labor Relations Adjustment Act(TULRAA). Considering that the TULRAA includes excessive restrictions on industrial actions and many provisions on criminal punishment, however, it is doubtful whether the TULRAA is designed to substantially protect basic labor rights or it is only to regulate industrial actions. Moreover, although taking an industrial action is the legitimate exercise of fundamental rights laid down in the Constitution, the court of the Republic of Korea requires that laborers abide by strict criteria for the justifiability of an industrial action in the respect of its entity, purpose, procedure, and methods and means. If the concerned industrial action fails to fulfill the foregoing criteria, its justifiability comes to be forfeited and thereupon those who led or joined the action are to assume civil, criminal, and/or disciplinary responsibility. Since the Republic of Korea carries out a labor policy that is oriented only toward criminal punishment, it is the reality that a person who plans to be a union leader is prepared to be subject to imprisonment. (The rest omitted)