전선 : 쟁의행위에 대한 손해배상청구의 해석론 및 입법론의 재검토 = Review on Interpretation and Legislation Regulating Employers` Action for Damages against Industrial Action

다국어 초록 (Multilingual Abstract)

Countries which restrict, by statutes, claims for damages against workers and trade unions on the ground of illegal industrial action not always protect the right to strike widely. In some countries where the right to strike is regarded principally as a weapon in collective bargaining, the scope of protected industrial action is narrow in common. On the other hand, in other countries where the right to strike is recognised as a fundamental human right, the scope is relatively wide so that the strike can be used for other purposes besides collective bargaining. The United Nations and the ILO see the right to strike as a human right that has its international roots in the International Covenant on Economic, Social and Cultural Rights and the ILO Convention 87. In Korea, likewise, the strike is a right protected by the Constitution. It is not important to limit maximum amount of damages recoverable or protect the assets of the union and private bank accounts of its leaders but to enlarge the dimension of legal industrial action. Therefore, it is necessary to reform fundamentally current labour legislations related to industrial action so that the value of the right to strike should not be impaired by employers` action for damages.