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.

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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unfair labor practice, the right to organization, collective bargaining and collective action, labor union, collective labor relation