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Is it the right to strike or the privilege to strike? - The gap between International Law and Korean Labour Law on the scope of protection for strikes exemplified by the 2013 rail strike in the Republic of Korea.

Park, Shanai LU (2015) JAMM06 20151
Department of Law
Abstract
This thesis is about the scope of protection for the right to strike. Despite the fundamental nature of the right in protecting the dignity of the worker and achieving social justice, the level of protection of the right to strike differs in different jurisdictions around the world claiming detrimental effects of strikes to the society and different stake-holders. Inspired by the longest rail workers’ strike of 22 days in Korean history during December 2013, the author felt the need to address the issue of the scope of the protection of the right to strike in the Korean legal system.

The purpose of this thesis is to investigate whether the Korean protection of the right to strike is in line with international labour standard with the... (More)
This thesis is about the scope of protection for the right to strike. Despite the fundamental nature of the right in protecting the dignity of the worker and achieving social justice, the level of protection of the right to strike differs in different jurisdictions around the world claiming detrimental effects of strikes to the society and different stake-holders. Inspired by the longest rail workers’ strike of 22 days in Korean history during December 2013, the author felt the need to address the issue of the scope of the protection of the right to strike in the Korean legal system.

The purpose of this thesis is to investigate whether the Korean protection of the right to strike is in line with international labour standard with the attempt to identify and close the gap between the different scope of protections in International Law and Korean Labour Law. In doing so, the study encloses a general comparative legal analysis on the international protection of the right to strike and Korean protection of the right to strike as well as a case study that can exemplify the issues identified.

After the study, the author concludes that the Korean protection of the right to strike is not in line with international labour standard, and there is huge gap between the two so as to workers’ fundamental rights are at stake. Indeed, workers shall have a right to strike, not a privilege to strike. To tackle the problem, the Korean government must make a great effort to create and sustain a conducive environment for the promotion of freedom of association and to facilitate the exercise of workers’ right to strike. (Less)
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author
Park, Shanai LU
supervisor
organization
course
JAMM06 20151
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
7757566
date added to LUP
2015-08-14 10:53:50
date last changed
2015-08-14 10:53:50
@misc{7757566,
  abstract     = {This thesis is about the scope of protection for the right to strike. Despite the fundamental nature of the right in protecting the dignity of the worker and achieving social justice, the level of protection of the right to strike differs in different jurisdictions around the world claiming detrimental effects of strikes to the society and different stake-holders. Inspired by the longest rail workers’ strike of 22 days in Korean history during December 2013, the author felt the need to address the issue of the scope of the protection of the right to strike in the Korean legal system.

The purpose of this thesis is to investigate whether the Korean protection of the right to strike is in line with international labour standard with the attempt to identify and close the gap between the different scope of protections in International Law and Korean Labour Law. In doing so, the study encloses a general comparative legal analysis on the international protection of the right to strike and Korean protection of the right to strike as well as a case study that can exemplify the issues identified. 

After the study, the author concludes that the Korean protection of the right to strike is not in line with international labour standard, and there is huge gap between the two so as to workers’ fundamental rights are at stake. Indeed, workers shall have a right to strike, not a privilege to strike. To tackle the problem, the Korean government must make a great effort to create and sustain a conducive environment for the promotion of freedom of association and to facilitate the exercise of workers’ right to strike.},
  author       = {Park, Shanai},
  language     = {eng},
  note         = {Student Paper},
  title        = {Is it the right to strike or the privilege to strike? - The gap between International Law and Korean Labour Law on the scope of protection for strikes exemplified by the 2013 rail strike in the Republic of Korea.},
  year         = {2015},
}