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A Critical Study on Labor Dispute and the Notion of Crime

  • DONG-A LAW REVIEW
  • 2013, (59), pp.197-231
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jin-Kyung Song 1

1동의대학교

Accredited

ABSTRACT

One of the goal of criminal law is to help members of society enjoy meaningful quality of life peacefully and flourish individuality to the fullest. On the other hand, criminal law uses punishments as the most powerful means in order to achieve the goal. We should use criminal punishment at the last moment when the use of compensation for damages or administrative penalty is ineffective for supporting social peace because the essential nature of criminal punishment is harm. In other words, people’s act to become subject to judge whether the act comes under a certain crime before imposing criminal punishment is not every act but harm other people and unacceptable level if we can understand that the nature of criminal punishment is harm. The constitution of the republic of korea ensures three fundamental rights of workers. The core of the principle of social state as a structural principle of the modern countries is the realization of practical freedom and equality. We can say that the constitution have adopted the principle of social state by stipulating fundamental social rights including three fundamental rights of workers. But in reality, the legal issues have been discussed whether strikes of workers violates the interference with business by the threat of force in criminal law even if workers went on a peaceful strike. In order to judge whether an act constitutes a crime or not, the precondition is that the act has a harmful influence in society appropriating for regarding it as a crime. As a result, the viewpoint which regards the exercise of right of collective actions that has a goal to support and make better working conditions and improve the socioeconomic status for workers as a crime that has a bad impact in society should be sublated.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.