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노동조합법제정사의 법사회학적 조명 - 그 제정배경과 전진한(錢鎭漢)의 역할 및 법인식의 탐조(探照) - : Legal Sociological Approach to Mr. Jeon`s Role in the Establishment of the Trade Union Act
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- Authors
- Issue Date
- 2005
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.46 No.2, pp. 169-197
- Keywords
- 근로3권의 보장 ; 관제민의동원본부 ; 노동조합의 자주성확보 ; 단체행동자유권
- Abstract
- This Article attempts to clarify the real sociopolitical background and the
decisive factors in the establishment of the Trade Union Act(TUA) by the
methodology of legal sociology approach to the role of Jin Han Jeon, a member
of the Second National Assembly(SNA), who had been the first Minister of
Social Affairs under the regime of the President, Seung Man Rhee. In case of
approaching the establishment of TUA, the most critical issue is how to point
out the socio economic background and the dominant political legislative-forces
of it. For TUA was established in the turmoil of the Korean War at the refuge
Capital Pusan in 1953.
The author argues that Mr. Jeon, who had originally played the key role in
ensuring the Equal Right to Share Profits of the Private Company in the
establishment of the Constitution, took the leading part in the establishment of
TUA by analyzing the stenographic records of SNA and other related materials.
He points out that the real social background of the establishment of TUA was
workers' collective actions of the Cho Bang(cotton spinning factory) and the
Water Front of Pusan under economic emergency of the war. He strongly
emphasizes that workers' collective actions of the Cho Bang was especially
co-related with, so called, Political Upheaval of Pusan, namely, the Selected
Amendment to the Constitution(SAC) which was unconstitutionally amended for
a prolonged President Rhee's regime.
The author underscores as followings; After failing of workers' collective
actions of the Cho Bang and passing of SAC, Mr. Jeon and his proponents,...
- ISSN
- 1598-222X
- Language
- Korean
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