부당노동행위제도의 헌법적 지위

• 영문명: The Constitutional Status of the Unfair Labor Practice
• 발행기관: 경희법학연구소
• 저자명: 강희원(Kang Hee Won)
• 간행물 정보: 『경희법학』제41권 제2호, 10~47쪽, 전체 38쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

The unfair labor practice prohibition has originated in the USA. Korean remedy system for unfair practice was received from japanese labor union net which imported the unfair labor practice prohibition from the USA. Korean Legal System, especially the korean labor constitution is quite different the USA s The korean constitution is explicitly guaranteeing the right to organization, collective bargaining and collective action for the worker, but the constitution of te USA isn t Therefore, the question is how the remedy system for unfair labor pratice can be justified on the korean constitutional level. This article is a result that an attempt has been made to order to find a legal dogmatical solution to the above question. The right of the worker to organize is a special liberty right for the worker. The labor union and collective labor relation regulation act is not based on the art. 33par. I, but on the art, 37par. II in the constitutional law, It is by the labor union and collective labor relation regulation act that the prohibition of employer s unfair labor practice was established in order to balance worker s right with employer s.

목차

Ⅰ. 들어가면서

Ⅱ. 전제적 논의 : 헌법과 노동조합 및 노동관계조정법의 관계

Ⅲ. 부당노동행위제도에 대한 법체계적 자리매김

Ⅳ. 결어

참고문헌

Abstract

키워드

부당노동행위 부당노동행위제도 노동단체권 단결권 단결권보장 노동조합 집단적 노사자차루울 노사관계 노동현법 unfair labor practice the right to organization collective bargaining and collective action labor union collective labor relation