쟁의행위 기간 중 근로계약의 법적 성격과 그 효과Industrial Action and Employment Relationship
- Other Titles
- Industrial Action and Employment Relationship
- Authors
- 강성태
- Issue Date
- 2013
- Publisher
- 한양대학교 법학연구소
- Keywords
- the right to collective action; industrial action; lawful industrial action; a theory of ‘suspension of employment relationship
- Citation
- 법학논총, v.30, no.1, pp.159 - 186
- Indexed
- KCI
- Journal Title
- 법학논총
- Volume
- 30
- Number
- 1
- Start Page
- 159
- End Page
- 186
- URI
- https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/163794
- ISSN
- 1225-228X
- Abstract
- Paragraph (1) of Article 33 in the Constitution provides all workers with the right to collective action in order to enhance working conditions. For securing the right to collective action pursuant to the Constitution, the Trade Union and Labor Relations Adjustment Act (hereafter ‘the Act’) confirms the protections for “industrial action” which means actions or counter-actions that obstruct the normal operation of a business, such as strikes, sabotage,lock-outs, or other activities through which the parties to labor relations intend to achieve their claims; restriction on civil claims for damages because of industrial action(article 3),limitation of criminal claims against industrial action of trade unions(article 4) and prohibition of dismissal of or discrimination against a worker on the grounds of participation in lawful collective activities(subsection 5 of article 81).
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