This Article attempts to clarify the real sociopolitical background and the decisive factors in the establishment of the Trade Union Act(TUA) by the methodology of legal sociology approach to the role of Jin Han Jeon, a member of the Second National Assembly(SNA), who had been the first Minister of Social Affairs under the regime of the President, Seung Man Rhee. In case of approaching the establishment of TUA, the most critical issue is how to point out the socio economic background and the dominant political legislative-forces of it. For TUA was established in the turmoil of the Korean War at the refuge Capital Pusan in 1953. The author argues that Mr. Jeon, who had originally played the key role in ensuring ‘the Equal Right to Share Profits of the Private Company’ in the establishment of the Constitution, took the leading part in the establishment of TUA by analyzing the stenographic records of SNA and other related materials. He points out that the real social background of the establishment of TUA was workers' collective actions of the Cho Bang(cotton spinning factory) and the Water Front of Pusan under economic emergency of the war. He strongly emphasizes that workers' collective actions of the Cho Bang was especially co-related with, so called, ‘Political Upheaval of Pusan,’ namely, ‘the Selected Amendment to the Constitution’(SAC) which was unconstitutionally amended for a prolonged President Rhee's regime. The author underscores as followings; After failing of workers' collective actions of the Cho Bang and passing of SAC, Mr. Jeon and his proponents, representing the interests of worker, carried an urgent motion for the prior discussion of TUA bill in SNA in November of 1952. And then Mr. Jeon and his colleagues from Confederation of Korean Trade Union submitted ‘the Revised Bill of TUA’(RB), which strongly emphasized ‘the right to freedom of collective actions' and ‘union autonomy,’ criticizing ‘the Original Bill of TUA’(OB) drafted by Social Health Committee of SNA in favor of government's powerful intervention to supervise unions, such as for the authority to order the dissolution of trade unions disturbing public peace and order. After taking a very vehement debate Article by Article about OB and RB, SNA passed the most parts of OB. However, SNA passed the essential parts of RB, such as providing ‘guaranteeing the right to freedom of collective actions’ in Article 1 and deleting ‘its aims being mainly directed at political, or social movements’ prescribed as a disqualifications of trade union in Article 2 (d). The author concludes that though failing in passing his ambitious dreamful RB, Mr. Jeon, who was deadly oppressed by President Rhee, played a key role in the establishment of TUA, which had some unique characteristics different from Japanese TUA in 1945 under the Allied High Command, as a mile stone for protection of workers' fundamental rights.

This Article attempts to clarify the real sociopolitical background and the decisive factors in the establishment of the Trade Union Act(TUA) by the methodology of legal sociology approach to the role of Jin Han Jeon, a member of the Second National Assembly(SNA), who had been the first Minister of Social Affairs under the regime of the President, Seung Man Rhee. In case of approaching the establishment of TUA, the most critical issue is how to point out the socio economic background and the dominant political legislative-forces of it. For TUA was established in the turmoil of the Korean War at the refuge Capital Pusan in 1953. The author argues that Mr. Jeon, who had originally played the key role in ensuring ‘the Equal Right to Share Profits of the Private Company’ in the establishment of the Constitution, took the leading part in the establishment of TUA by analyzing the stenographic records of SNA and other related materials. He points out that the real social background of the establishment of TUA was workers' collective actions of the Cho Bang(cotton spinning factory) and the Water Front of Pusan under economic emergency of the war. He strongly emphasizes that workers' collective actions of the Cho Bang was especially co-related with, so called, ‘Political Upheaval of Pusan,’ namely, ‘the Selected Amendment to the Constitution’(SAC) which was unconstitutionally amended for a prolonged President Rhee's regime. The author underscores as followings; After failing of workers' collective actions of the Cho Bang and passing of SAC, Mr. Jeon and his proponents, representing the interests of worker, carried an urgent motion for the prior discussion of TUA bill in SNA in November of 1952. And then Mr. Jeon and his colleagues from Confederation of Korean Trade Union submitted ‘the Revised Bill of TUA’(RB), which strongly emphasized ‘the right to freedom of collective actions' and ‘union autonomy,’ criticizing ‘the Original Bill of TUA’(OB) drafted by Social Health Committee of SNA in favor of government's powerful intervention to supervise unions, such as for the authority to order the dissolution of trade unions disturbing public peace and order. After taking a very vehement debate Article by Article about OB and RB, SNA passed the most parts of OB. However, SNA passed the essential parts of RB, such as providing ‘guaranteeing the right to freedom of collective actions’ in Article 1 and deleting ‘its aims being mainly directed at political, or social movements’ prescribed as a disqualifications of trade union in Article 2 (d). The author concludes that though failing in passing his ambitious dreamful RB, Mr. Jeon, who was deadly oppressed by President Rhee, played a key role in the establishment of TUA, which had some unique characteristics different from Japanese TUA in 1945 under the Allied High Command, as a mile stone for protection of workers' fundamental rights.