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영어

The Constitution explicitly protects the right to take Collective Action as basic workers' rights. Although Trade Union and Labor Relations Adjustment Act provide regulations associated with the right to collective action, its practice is restricted. The Labor Union Act provide us with Labor dispute and Industrial Action. Article 3. and Article 4. include the provisions to reduce the burden on workers from Industrial Action and Collective Bargaining; "No employer shall claim damages against a trade union or workers in cases where he/she has suffered damage because of collective bargaining or industrial action under this Act" and "The provisions of Article 20 of the Criminal Code shall apply to justifiable activities undertaken to achieve the purpose of Article 1 as collective bargaining, industrial action, or other activities by trade unions". Three fundamental workers' rights are labour rights regulated by the Constitution. These are the right adopted in many countries as well as the international norms admitted by UN and ILO. There is no doubt that industrial action is considered as the the practice of the right to collective action. The Industrial Action called 'union', 'dispute situation', 'their claims achievement', 'use of force' has already included illegal substances. Employers lodged a compensation claim against the exercise of the workers' right to strike, which is used state punishment power if it comes to that. It is said that it is an unfair practice, the conduct should be limited. If workers are going to take Industrial Action, it is certain that it is done in a fair way. Moreover, it is required to establish the concept of the industrial action that are not included collective action. Limitaion or restrictions of actions that are not included in the concept of the industrial action will be applied.