[위헌제청][공1991.2.15.(890),669]
Whether Article 30 (Commencement of Arbitration) and Article 31 (Prohibition of Industrial Actions during Arbitration) of the Trade Dispute Mediation Act infringe on the essential contents of workers' right to collective action (negative)
Article 30 of the Mediation of Labor Disputes Act and Article 31 of the same Act that stipulate cases where a Labor Relations Commission conducts arbitration are referred to arbitration, it is difficult to view that Article 31 of the same Act provides that an industrial action shall not be conducted for fifteen days from the date such industrial action is not conducted.
Articles 33, 37(2) of the Constitution of the Republic of Korea, Articles 30 and 31 of the Trade Dispute Mediation Act
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Lee Dong-young and 1 other, Counsel for plaintiff-appellant) 1 and 1 other (Law No. 1990,1306, May 25, 1990)
A and seven others
Attorney B
The request for unconstitutionality review is dismissed.
Article 30 of the Trade Dispute Mediation Act provides that the Labor Relations Commission shall conduct arbitration, and Article 31 of the same Act provides that an industrial action may not be conducted for fifteen days from the date when a labor dispute is referred to arbitration. Thus, each of the above provisions does not constitute an infringement on the essential contents of the worker's right to collective action, such as the theory of lawsuit (see Supreme Court Decisions 90Do357 delivered on May 15, 1990 and 90 seconds52 delivered on May 25, 1990).
Therefore, the motion of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.