違法爭議行爲에 대한 損害賠償責任 구성의 問題點 및 代案

Whether an industrial action is legal or not is the basic standard of the Responsibility for compensation for damages in civil affairs, so the court, in deciding the legitimacy of it, should judge prudently after examining the specialities of labor law and common law comprehensively.<BR> Meanwhile, in connection with the improvements of Provisional attachment and Reference system, there is an insistence that Provisional attachment should be restricted to the wages of employee and union dues. But we can`t accept that assertion because it may foster illegal industrial action.<BR> In case of Reference system, it is necessary that we judge its effectiveness by comparing and considering the benefits of reference of employee, the flexibility of employment and the influences in the whole field of economy.