정치파업의 정당성 ― 판례분석을 중심으로 ―

Considered the core-position of the strike, particularly political, in the history of the labor movement, there has been the slightest discussions about the political strike in Korea. The concept of political strike can be defined as that through which the trade unions push on certain political demands to the last: and manifest (and turn into praxis) their opinion. My purpose is to analyze and systemize the judicial precedent of political strike. In short, there are three discussions on the justification of the political strike. The negative theory about the justification is based on the regards that the right to bargain collectively as aim, the right to organize and act collectively means. And it is also that takes only the affairs dealt by the employer for the object of the strike. But this theory is regarded as the unreasonable and hackneyed bequest. Against this theory, there is a positive theory which asserts the historic significance of the fundamental right to work guaranteeing the workerkers' demand for sutvival and its realization, the close relationship between the politics and the economy, and the democratic realization instigated by the expression of the popular's intention. But this theory is criticized, for the political subordination of the workers is troubled to be accepted as the legal conception and the closeness between the politics and the economy, though reasonably accepted as a social fact, is not accepted as a legal norm. The dichotomous theory came into being, criticizing the positive theory and distinguishing the pure political strike from economic political strike. As for the distinguishing standard there are many arguments, of which the opinion that economic political strike vindicates the living benefit of the workers could easily accepted. And it seems not problematic for application. In Korea, the right to act collectively “to promote the working conditions” is guaranteed by section 33 of the Constitution. I think the political strike “protecting the workers' economic living benefit” never fail to be applied to this section. It is taken for granted that the economic political strike should be immunized crimnally and civilly owing to section 1, 3 and 4 of the Trade Union and Labor Relations Adjustment Act.