노동쟁의조정법 제정심의의 주요쟁점

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...