쟁의행위의 질곡: 헌법

Abstract

This is a part of the project concerning the overview of labor law in Korea during 20 years(1998-2008), named <Communication between law and labor>. My theme is Stike. In my view, in Korea, during the concerned period strike laws has shaped the paradoxical model of labor relations without strike. Korean strike law has multiple fetters to strike; constitution, legislation, jurisprudence, prejudice and union. This article deals with the first aspect of fetters - constitution. Korean Constitution clearly states the possiblity to ban the freedom of association of public officials or the strike of some workers. This clear ban has its origin from the unlawful legislations of the authoritative government in 1960s, but was justified through the absurd conclusions of the Consitutional Court of Korea and has been reproducing and expanding the paradoxical model of labor relations without strike. I like to say this situation is “all-rounded anti-strike harassment”. I suggest that art.33 of Korean Constitution should be repealed so that strike may be freed from the cursed stigma of costitutional fetters and be respected as minimum freedom which cannot be interfered by the paradoxical model of labor relations without strike.