병원사업 파업권의 법적 고찰

Abstract

In Korea, the hospital is classified as essential welfare business. The employees in Korea are given the right to organize the union, to bargain collectively and to engage in strike. In the past, the employees in the essential welfare business should undergo mandatory arbitration before they resorted to strike. The labor union had argued that this mandatory arbitration might undermine the right to strike. Accordingly, the Korea Government amended the relevant statute to the effect that mandatory arbitration was repealed and 「essential maintenance service」was newly adopted. Under the new law, the union in essential welfare business may engage in strike without mandatory arbitration procedure. But, the union cannot stop providing the「essential maintenance service」even during the strike. This may harmonize the union's constitutional right of strike and the public welfare.In hospital, since the strike is usually accompanied by the sit-down in the facilities, it may violate the law that prohibits the taking of major facilities of the company. Also, the striker may not stop the maintenance of facilities relating to the security and safety. The medical law prescribes the duty of medicare people not to deny the medical care, and this may influence the right of union to engage in strike.