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커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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I suggest that art.33 of Korean Constitution should be repealed so that strike may be freed from the cursed stigma of costitutional fetters and be respected as minimum freedom which cannot be interfered by the paradoxical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.
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I suggest that art.33 of Korean Constitution should be repealed so that strike may be freed from the cursed stigma of costitutional fetters and be respected as minimum freedom which cannot be interfered by the paradoxical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.
#쟁의행위
#근로삼권
#파업
#헌법
#노동관계
#concerted activity
#strike
#freedom of association
#onstitution
#labor relations without strike
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목차
- Ⅰ. 왜 ‘질곡’인가
- Ⅱ. 제헌헌법의 특징
- Ⅲ. 공무원 근로삼권의 헌법유보
- Ⅳ. 쟁의행위없는 노동관계의 제도화
- Ⅴ. 낙관인가 비관인가
- 〈Abstract〉
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2013-336-000520383
