노동조합법제정사의 법사회학적 조명 - 그 제정배경과 전진한(錢鎭漢)의 역할 및 법인식의 탐조(探照) -

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,...