노동쟁의에 대한 업무방해죄 적용의 축소 가능성

Abstract

Some acts are done as a part of social activity and are generally accepted; however, these acts could also be violation of law in some cases. Labour disputes are among these that could also be happening at this very moment; inevitably, some would turn into criminal cases. In a significant number of these cases are the offenders punished upon conviction with ‘Interference with Business’ in Criminal Act, not for violating Labour Relations Adjustment Act. Labour Law authorities, as well as those in criminal law, have been posing questions regarding practice in these incidents. In this regard, while the Constitutional Court has recently issued a ruling that Criminal Act Article 314 ‘Interference with Business by force’ is constitutional, they have also indicated the application of it has to be done carefully. The purpose of this paper is to analyze the decision by the Constitutional Court, to examine issues involved with Criminal Act Article 314; and finally, personal opinions are discussed in order to suggest some solutions. In conclusion, ‘restriktive Interpretation’ of Criminal Act Article 314 is required, because this article should not an obstacle to Labour Dispute.