헌법상 노동권 소고(小考) ― 개별근로관계 사례를 중심으로 ―

Article 32 Paragraph (1) of the Constitution provides “All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by Act”. And Article 23 Paragraphs (1), (2) states “The right of property of all citizens shall be guaranteed. the contents and limitations thereof shall ve determined by Act. The exercise of property rights shall conform to the public welfare”. There are explicit provisions in the Constitution and labor-related laws which actively guarantee the employee's freedom of occupation and right of labor. But, the employee stands in a clearly unfavorable position in his relationship to the employer due to severe restriction in terms of applying the means of pressure under general civil laws. From such restrictions, promoting equality between labor and management, the Supreme Court decides in light of the justice and equity for employer to abuse his discretion in personnel management, compensate the damage against the employee. And the provision of non-competition unduly infringes upon the employee's freedom of occupation by the Constitution, such provision is often invalid as contrary to the good moral and the order of the society under Article 103 of the Civil Code. This study is dealing with the Court judgements in individual employment relations cases. In Chapter 2, this study shows the case overview of the Court in employee's claim of the compensation for damage in industrial accident against employer, employee's claim of wage against not company but president of company, employee's claim of unfair dismissal against employer, employer's claim of the compensation for damage due to employee's illegal torts against employee and employer's claim of non-competing clause against ex-employee. In Chapter 3, this study points out the labor autonomy to overcome “subordinate work”, from protecting worker to protecting labor or labor relation, the labor rights with labor property, labor personality and labor enjoyment.