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A Compensation against An Unlawful Strike and The Law

  • DONG-A LAW REVIEW
  • 2014, (64), pp.87-114
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Song, Kang Jik 1

1동아대학교

Accredited

ABSTRACT

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.

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