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Study on the Union's right to organize under the Constitution and the outside-law Labor Union Activities of the Civil servants Union - Comparison of ILO Convention and Japan's guarantee of the right to organize -

  • DONG-A LAW REVIEW
  • 2020, (86), pp.277-305
  • DOI : 10.31839/DALR.2020.02.86.277
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : December 26, 2019
  • Accepted : February 21, 2020
  • Published : February 28, 2020

Jung, Phung-Young 1

1국방부 공군본부

Accredited

ABSTRACT

Article 33 of the Constitution of the Republic of Korea should be regarded as basically guaranteeing basic labor rights for civil servants, and at a time when the Civil servants Union Act is in force, basic labor rights should be guaranteed regardless of whether they are registered or not. It is reasonable to interpret that it is not a collective action against the public interest as the membership and activities of civil servants unions is in accordance with Article 33 of the Constitution and the Labor Union Act, regardless of whether they are registered or not. In conclusion, matters concerning the activities and their guarantees and support of outside-law unions in terms of more faithful basic labor rights under the Constitution should also continue to be explored in depth and in accordance with international labor standards such as the ILO and Japan. It should be noted that labor rights are basic rights under the Constitution of workers, and discussions and legislation should start from this point of view.

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