Whether Article 31 of the Labor Dispute Mediation Act infringes on the essential contents of workers' right to collective action (negative)

If a labor dispute is referred to arbitration, it is difficult to view Article 31 of the Labor Dispute Mediation Act, which stipulates that it is impossible to conduct industrial actions for fifteen days from that day, as it infringes on the essential contents of the workers' right to collective action, so the application for the recommendation of unconstitutionality of this case is groundless.

Article 31 of the Trade Dispute Mediation Act, Articles 33(1) and 37(2) of the Constitution

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Applicant 1 and 3 others

Attorney Choi Byung-mo

The motion is dismissed.

Article 31 of the Trade Dispute Mediation Act provides that an industrial action cannot be conducted for fifteen days from that day when a labor dispute has been referred to arbitration. As such, it is difficult to deem that the provision is a provision that infringes on the essential contents of the workers’ right to collective action, such as a theory of lawsuit. The instant application cannot be accepted on the premise that the above Article infringes on the essential contents of the workers’ right to collective action. The instant application is dismissed and is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)