노동관계와 파업결정단위

Abstract

Some workers dismissed because of illegal strike made an application for remedy and the remedies were admitted. The employer appealed the remedies and the remedies were cancelled by Seoul Admistrative Court and Seoul Appellate Court. But finally the remedies were justified by Supreme Court. The disputed points were the unit of strike ballot and so on. In the progress of the case, the various viewpoints of the unit of strike ballot were presented; ① only the workers of the concerned workplace, ② the unionists who is expected to strike, ③ all of the unionists of the concerned union. Supreme Court's decision is ② the unionists who is expected to strike. The appropriateness of the conclusion in the concerned case itself is not open to criticism. But I think this case contains different implication on the dimension of new-coming, developing and multi-partner-acting Labour Relation in supra-workplace level, which cannot be interpreted and answered by an traditional jurisprudence focusing mainly on the labour relation in workplace level. Despite some logical limits, I think the flexible attitude of this judgement toward the new dimension of new-coming Labour Relation deserves the anticipation of the suggestive precedent to the similar cases.