爭議行爲에 따른 損害賠償責任論 = Principles of compensation for damage following to Labor Dispute

다국어 초록 (Multilingual Abstract)

When acts of labor dispute are not justified, workers and trade union constitute a tort acording to the principles of traditional civil law. Therefore, workers and their organization participating in unjustified act of labor dispute or having instigated workers to take part in acts of labor dispute are libale for damage caused by tort. Then, the problem is that when acts of dispute are unjust, who is liable for damage caused by them. It is a very difficult problem to resolve it. It is closely related to the problem of the legal character of unjustified acts of dispute. Existing Korean labor law does not give a clear answer to the problem of the effect of unjustified acts of dispute. In this study, I try to resolve the problem of the liability of tort for unjustifies acts of dispute.
Liabilities' theory of compenastion about unlawfulness' labor dispute are discussed on individual's liablity opinion, group's liablity opinon and limmited liablity opinion. But immited liablity opinion is reasonable because of liablity according to degree of relation about unlawfulness' labor dispute.
Employees are liable for damages of employer cassed by labor dispute according to civil article 390's non-fulfillment of an obligation and 750' unlawfulness, trade union is liable for damage cassed by labor dispute according to civil article 35's illegallity act of article person and 756'association unlawfulness. Also when employer is damaged by tort's laber dispute doing or directing trade union's the executive members, trade union is liable for the damage by adjusting civil article 35 of a juridical person's tortious ability, but liability of trade union's the executive members directing tort is not immunity. Therefore trade union and the executive members are liable for employer's damage to collective responsibility.
According to civil law scope of compensation for damage is all damage cassed by unjustified acts of dispute in our nation, in adition to worker and trade union are jointly and severally liable to damage of employer cassed by tort. But should be limmited liblity of compensation for damage because of dangerring trade union's money and existence in our nation.

목차 (Table of Contents)

• 1. 도입말
• 2. 爭議行爲에 따른 損害責任의 歸屬主體
• 2.1 問題의 所在
• 2.2 學說의 傾向
• 2.3 判例의 傾向
• 2.4 小結
• 3. 爭議行爲에 따른 損害責任의 法的 根據
• 3.1 問題의 所在
• 3.2 個人責任의 根據
• 3.3 勞動組合責任의 根據
• 3.4 個人責任과 團體責任과의 關係
• 3.5 小結
• 4. 맺음말
• 참고문헌
• ABSTRACT