부당노동행위제도의 헌법적 지위

The Constitutional Status of the Unfair Labor Practice

The unfair labor practice prohibition has originated in the USA. Korean remedy system for unfair practice was received from japanese labor union net which imported the unfair labor practice prohibition from the USA. Korean Legal System, especially the korean labor constitution is quite different the USA s The korean constitution is explicitly guaranteeing the right to organization, collective bargaining and collective action for the worker, but the constitution of te USA isn t Therefore, the question is how the remedy system for unfair labor pratice can be justified on the korean constitutional level. This article is a result that an attempt has been made to order to find a legal dogmatical solution to the above question. The right of the worker to organize is a special liberty right for the worker. The labor union and collective labor relation regulation act is not based on the art. 33par. I, but on the art, 37par. II in the constitutional law, It is by the labor union and collective labor relation regulation act that the prohibition of employer s unfair labor practice was established in order to balance worker s right with employer s.