쟁의행위 기간 중 근로계약의 법적 성격과 그 효과

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).