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노동쟁의조정법 제정심의의 주요쟁점 : The Critical Issues in the Consideration on Enactment of the Labor Dispute Adjustment Act
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 이흥재 | - |
dc.date.accessioned | 2009-10-06T06:13:47Z | - |
dc.date.available | 2009-10-06T06:13:47Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | 법학, Vol.49 No.1, pp. 27-52 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/10201 | - |
dc.description.abstract | This article attempts to scrutinize the critical issues with regard to the
establishment of the Labor Dispute Adjustment Act 1953 (the LDAA) and the spirit of the legislation in order to let these serve as a lesson to the further legislation. Accordingly, the subject and range of this study are within the limit of major issues at the consideration and discussion for the enactment by mainly analyzing the stenographic records of the Second National Assembly (SNA) which was in the turmoil of the Korean War at the refuge Capital Pusan in 1953. The most crucial points at the consideration on enactment of the LDAA were the forbidden clause with respect to a general strike, and one of the requirements for taking labor dispute regarding the application of the Preliminary Arbitration System into the general industry. Other major points at issue were the limits on a confinement of worker during labor dispute period, the prohibition on the claim for damages due to labor disputes (regardless of lawfulness), and so on. Amongst the most critical issues of the Original Bill of the LDAA (OB) drafted by Social Health Committee of the SNA, two significant changes were made in line with the Revised Bill of the LDAA (RB) submitted by Jin-Han Jeon, who was a member of the SNA and the first Minister of Social Affairs under the regime of President Seung-Man Lee deleting the provision of the OB that prohibited a general strike and newly-enacting the forbidden clause on appointing a general industry as a public interest service in labor dispute for protection against any further administrative intervention. Additionally, the third crucial change regarding the limits on the claim for damages due to labor... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2008학년도 학술연구비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 노동쟁의조정법 | - |
dc.subject | 쟁의행위의 금지 | - |
dc.subject | 쟁의행위의 개시 | - |
dc.subject | 대체근로자의 채용금지 | - |
dc.subject | 손해배상청구권의 제한 | - |
dc.subject | 쟁의행위의 절차적 제한 | - |
dc.subject | the Labor Dispute Adjustment Act | - |
dc.subject | the forbidden clause with respect to a eneral strike | - |
dc.subject | a requirement for taking Labor dispute regarding the application of the Preli | - |
dc.subject | 근로자의 구속제한 | - |
dc.subject | 직장폐쇄의 보고 | - |
dc.title | 노동쟁의조정법 제정심의의 주요쟁점 | - |
dc.title.alternative | The Critical Issues in the Consideration on Enactment of the Labor Dispute Adjustment Act | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Lee, Heung Jae | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 52 | - |
dc.citation.number | 1 | - |
dc.citation.pages | 27-52 | - |
dc.citation.startpage | 27 | - |
dc.citation.volume | 49 | - |
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