지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The unfair labor practice prohibition has originated in the USA. Korean remedy system for unfair labor practice was received from japanese labor union act 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 the USA isn't. Therefore, the question is how the remedy system for unfair labor practice 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. 33 par. I, but on the art. 37 par. 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.
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