직장폐쇄의 법적 근거에 관한 연구 (A study on the legal basis of lock-out)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 19호 / 73 ~ 105페이지
· 저자명 : 김운희

초록

An employee can be guaranteed the minimum wage and labor conditions, and have improvements in social/economic status at the workplace through the three primary labor rights as in the constitution; for this, the details of labor conditions are determined through group negotiations with the employer. In the case an agreement fails to be reached despite the negotiations between the concerned parties, the labor and management parties come to the state of a labor dispute, where the labor union exercises the constitutionally granted right to collective action and the employer executes lock-out, which is a dispute action in labor union law. The basis of this can be found in the Article 2 of Labor Union and Labor Relations Mediation Act; it is defined as "the act performed with the purpose of achieving one's own claim by a party directly concerned with the labor relation and the counteract which hinders normal operation of business" such that not only the labor union, but also the employer is granted the lock-out as a countermeasure.
Lock-out is a dispute activity of the employer of temporarily and collectively denying the receipt of labor in order to avoid wage payment duties based on the existence of a laborer dispute activity. As such, lock-out can go beyond avoiding wage payment duties through denying receipt of labor to the extent of bringing about suspension of the labor union's exercise of dispute activity right, such that the issue of whether to continue or stop lock-out as an exercise of dispute activity right by the employer even when the labor union has stopped the dispute activity.
This study seeks to examine discussions as to the legitimacy of lock-out such as what is the legal basis for the employer to counteract with lock-out against the laborer dispute activity and the requirements and legal effects of lock-out, and establish the system of a new theory of lock-out.

영어초록

An employee can be guaranteed the minimum wage and labor conditions, and have improvements in social/economic status at the workplace through the three primary labor rights as in the constitution; for this, the details of labor conditions are determined through group negotiations with the employer. In the case an agreement fails to be reached despite the negotiations between the concerned parties, the labor and management parties come to the state of a labor dispute, where the labor union exercises the constitutionally granted right to collective action and the employer executes lock-out, which is a dispute action in labor union law. The basis of this can be found in the Article 2 of Labor Union and Labor Relations Mediation Act; it is defined as "the act performed with the purpose of achieving one's own claim by a party directly concerned with the labor relation and the counteract which hinders normal operation of business" such that not only the labor union, but also the employer is granted the lock-out as a countermeasure.
Lock-out is a dispute activity of the employer of temporarily and collectively denying the receipt of labor in order to avoid wage payment duties based on the existence of a laborer dispute activity. As such, lock-out can go beyond avoiding wage payment duties through denying receipt of labor to the extent of bringing about suspension of the labor union's exercise of dispute activity right, such that the issue of whether to continue or stop lock-out as an exercise of dispute activity right by the employer even when the labor union has stopped the dispute activity.
This study seeks to examine discussions as to the legitimacy of lock-out such as what is the legal basis for the employer to counteract with lock-out against the laborer dispute activity and the requirements and legal effects of lock-out, and establish the system of a new theory of lock-out.

참고자료

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