노동조합의 조합활동과 그 제한 － 유인물 배포와 선전물 부착을 중심으로 －

Abstract

【Abstract】 A Study on the Limit of the Labor Union's Activities Bang, Joon-Sik Type of collective acts which are not exempted from liability by the collective bargaining right and the dispute right are protected within certain limits, if they fall within the scope of propriety, by "the right to engage in union activities." Like that of the dispute right, the scope of this protection is determined by the parties, objectives and circumstances of the union activity. With regard to the "parties" aspect of the union activity, one must be able to say that the activity is a "union activity" or an act performed for the benefit of a union. As for its objectives, they need not be "pressure tactics in collective bargaining" which are protected as a dispute right. They are, however, limited by the underlying purposes of Article 33 of the Constitution. It is proper to express this in terms of "collective bargaining or other worker's mutual aid or protection." When one looks at the modes of union activity, in contrast to a dispute act, union activity that is intended to hinder an employer's operation of its business will not be approved if it violates the duty of service or the obligation of loyalty emanating from a labor contract. On the other hnad, it must be considered an important circumstance that the posting of handbills and then wearing of ribbons occur as dispute measures during a dispute. Upon such a considerration, the propriety of such acts should be examined within the context of the right to engage in union activities.