@article{ART001907282},
author={Song, Kang Jik},
title={A Compensation against An Unlawful Strike and The Law},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={64},
pages={87-114}
TY - JOUR
AU - Song, Kang Jik
TI - A Compensation against An Unlawful Strike and The Law
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 64
PB - The Institute for Legal Studies Dong-A University
SP - 87
EP - 114
SN - 1225-3405
AB - A problem of compensation with respect to an unlawful strike is recently very serious social problems in Korea. In this article, the author suggest to amend Trade Union and Labor Realtions Adjustment Act(TULRAA) Sention 3.
Conclusions of the suggestion are as follows:First, damages for the unlawful strike must be concretely calculated by an adequate causation between the unlawful strike and the compensation, simultaneously a Court should take account of all circumstances of both sides of an employer and an employee those gave rise to the unlawful strike in calculating damages.
Second, in compulsory execution to recover damages ordered by a Court, certain portions of the Union properties should be protected from the execution to secure activities of the Union.
Third, the author thinks that a necessity of preservation of a right is generally not recognized in getting a decision of a provisional seizure. That is, it is because the necessity of preservation of the right in between an employee and its employer who is under an employment of contract is very thin or not recognized.
Finally, in case of the means of the strike was lawful, those who participated in the strike and(or) the Union should be exempted from a responsibility of compensation against an employer concerned, even though the objects or procedures of the strike were unlawful.
KW - strike;compensation;provisional seizure;slowdown;unfair labor practice
DO -
UR -
ER -
Song, Kang Jik. (2014). A Compensation against An Unlawful Strike and The Law. DONG-A LAW REVIEW, 64, 87-114.
Song, Kang Jik. 2014, "A Compensation against An Unlawful Strike and The Law", DONG-A LAW REVIEW, no.64, pp.87-114.
Song, Kang Jik "A Compensation against An Unlawful Strike and The Law" DONG-A LAW REVIEW 64 pp.87-114 (2014) : 87.
Song, Kang Jik. A Compensation against An Unlawful Strike and The Law. 2014; 64 : 87-114.
Song, Kang Jik. "A Compensation against An Unlawful Strike and The Law" DONG-A LAW REVIEW no.64(2014) : 87-114.
Song, Kang Jik. A Compensation against An Unlawful Strike and The Law. DONG-A LAW REVIEW, 64, 87-114.
Song, Kang Jik. A Compensation against An Unlawful Strike and The Law. DONG-A LAW REVIEW. 2014; 64 87-114.
Song, Kang Jik. A Compensation against An Unlawful Strike and The Law. 2014; 64 : 87-114.
Song, Kang Jik. "A Compensation against An Unlawful Strike and The Law" DONG-A LAW REVIEW no.64(2014) : 87-114.
