지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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As to the judicial decision from the Constitutional Court over the public agents' collective action, after examining the cases of other countries, the followiing issues are to be considered. In many a country the right of labor union and the right to strike are invested to the public agents, with the exception of U.S and Germany where they are not generally granted with those rights. However in the most countries, even with the right to strike invested, public agents in the public service area are prohibited from general striking or obliged to maintain the minimun service under the request of the guarantee on the continuity of the public service.As is in the Article 33 Clause 2 of the Constitution, the right of labor union can be prohibited not generally or without variation, but only with the just cause and within the minimized extent.Considering that the domain of education is regarded as essential service, it is controvercial that teachers are to be invested with the right of organization and collective bargain, when the other public agents are not, considering many other cases of other countries where the reverse is the case.According to the article 52 clause 2, the local governments are authorized to rule the extent of the public labor who are to have the right of the collective action with the regulation of the local council. Several problems are, however, pointed out concerning this clause as follow. Firstly, the prohibition or limitation of fundamental rights are included in the ‘very important matters’ on which assemblies possess the exclusive legislative power. Secondly, the power to make regulation of the local council can not be a self-governing legislative power which can determine the national law, rather it is merely the power to make regulations to embody the laws under the realm of the laws.
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