쟁의행위 법제도의 개선 - 파업의 자유와 조업 계속의 자유 인정을 중심으로 -

Abstract

For advanced industrial relations, to improve the legal system as to industrial actions, we shall make the policies which are ‘self adjustment of labor disputes and peaceful industrial actions’ to promote social dialogue of labor and management. To promote self settlement of labor and management, the appropriate pressure methods are guaranteed to labor and management. So, as to labor sides, in case of strike which is only denial to offer one's work service, the freedom of strike shall be recognized and the crime of business interference shall not be applied to that strike. Therefore the policy of exclusion of the crime of business interference to apply to a strike is proper. This article is suggestions that in the Criminal Act the crime of business interference should be maintained, but in labor law an express provision should be made newly that the strike shall be applied the crime of business interference by the Criminal Act. As to management sides, the freedom to continue operations shall be recognized, so the policy to relax the prohibition of alternative work is proper. The current labor law has a provision to prohibit alternative work, that no employer shall hire persons or use replacements during a period of industrial action so as to continue works which have been stopped by industrial actions. But that provision of prohibition is criticized by many arguments, and not exited in most other countries's labor laws.