노동법제정의 특징과 전진한의 역할

Abstract

This article primarily attempts to clarify the key role of Jin Han Jeon, a member of the Second National Assembly(SNA) in the establishment of four labor relations laws(the Labor Union Act, the Labor Dispute Adjustment Act, the Labor Relations Commission Act, and the Labour Standard Act: “labor law,” from now on) during a national emergency, the Korean War, at the refuge capital Pusan in 1953. In addition, it is argued that labor law was enacted with its own unique characteristics on the basis of systematic debate in SNA, despite the turmoil of the Korean War, on the contrary to the existing opinion that it was a product of a hasty and near exact copy of foreign law, as drafted by the Government. Accordingly, the subject and range of this study are examining the interrelationship between the role played by Jin Han Jeon and the characteristic of labor law establishment with respect to the legislative (1) background and purpose, (2) process, and (3) substance by mainly analyzing the stenographic record of SNA. Firstly, it should be noted that the background of labor law establishment was so called “Political Upheaval of Pusan(namely, the Selected Amendment to the Constitution)” and the collective actions of the Cho-Bang(cotton spinning factory) during the Korean War. The cruel crackdown on labor disputes and on Jin Han Jeon had been made in the collective actions of the Cho-Bang under President Seung Man Lee’s regime. Under the politically harsh circumstances, Jin Han Jeon made a significant contribution to establish a foundation of labor law in Korea. Specifically, he played a key role to lay a bill of labor law before the SNA in 1953 in advance of any other agenda as well as bring the distinctive revised bill to ensure the freedom of collective action. Jin Han Jeon thus made it clear that the purpose of labor law was to establish a legal basis of labor movement, anchored in his own experience, whereby ensuring the fundamental labor rights guaranteed by the Constitution. Secondly, it is considered as a unique characteristic of the process on the labor law establishment that the law-makers from Korea Labor Union Confederation played leading roles in legislation. Following the Original Bill(OB) drafted by Social Health Committee of the SNA, the various Revised Bill(RB)s were brought mainly by Jin Han Jeon as well as some other members of SNA. The consideration and debate on the bills focused for the most part on RBs due to intense contemplation of the members of SNA in order to enact better legislation than OB. Finally, it should not be underestimated that the unique characteristic on the substance of labor law. For instance, the Labor Relations Commission Act was a distinctive legislation, unlike the Japanese labor law at that time. The right to political activity of labor union, right to national strike, and the requirement of just causes on dismissal under the Labor Standard Act were the unique features as well. The labor law establishment was a fruit of continuous labor movement since the Liberation of 1945 in order to realize the fundamental labor rights, despite the political suppression on labor movement under Seung Man Lee’s regime. The existing opinion that labor law was passed as drafted by the Government and as a near copy of foreign law should thus be rectified. It might hence be concluded that the inseparable interrelation between the labor law establishment in 1953 and the “unique role” played by Jin Han Jeon in the SNA for the legislation was the most important “characteristic” of establishing the labor law.