1. Article 33(1) of the Constitution of the Republic of Korea specifies the workers’ three labor rights, the workers’ three labor rights, the right to collective bargaining, and the right to collective action as the fundamental right guaranteed by the Constitution, and Article 33(3) of the Constitution does not restrict or recognize the workers’ right to collective action engaged in a major defense industry as prescribed by law.

The Act stipulates.

It declares the principle of maximum guarantee of fundamental rights with respect to the three labor rights of workers, and at the same time, reserves the right of collective action for workers engaged in major defense industries to be restricted or prohibited by law in order to prevent any danger and injury to the national security caused by collective action of workers of major defense industries in special circumstances where two Koreas stand large.

Based on this, Article 41(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”) provides that “A person engaged in the production of electricity, water, or mainly air defense materials from among those engaged in a major defense industry designated under the Defense Business Act shall not engage in any dispute, and the scope of a person engaged in the production of air defense materials shall be prescribed by the Presidential Decree.

“.......”

As such, the Labor Union Act completely prohibits certain workers employed by a major defense-related enterprise from exercising their right to act, which is the core of the right to act of organization, within the scope stipulated by the Constitution. However, the Labor Union Act specifically limits the scope of workers prohibited from act of dispute.

B. Article 88 of the Labor Union Act provides that an act of dispute in violation of this provision shall be punished by imprisonment with prison labor for not more than five years, which is the largest statutory penalty among the penal provisions of the Labor Union Act, or by a fine not exceeding 50 million won.

In that the smooth operation of major defense industry is an essential element for national security, the right of collective action of workers of major defense industry is restricted by law.