노동법에서의 권리남용 판례 법리

The principle of abuse of rights refers to the concept that malicious or antisocial exercise of otherwise legitimate rights should not be permitted. The above principle is provided in the Civil Law, and has been found in various guises in civil cases. So articles on the above principle have mainly carried out by scholars of the civil law. This article analyzes how the court has operated the above principle in the labor law, by examining the precedents which were applied the above principle to labor disputes. According to the analysis, the court's attitude on the above principle in the labor law has several problems. Firstly, the court has operated the above principle to expand employer's discretionary power and to reduce worker's rights to strike. Secondly, the court has used the above principle in order to undermine the regulatory power of the Constitution and labor legislations.