미국의 노동가처분 (Labor Injunction) ― 20세기 초 법원의 보수성과 노동탄압의 역사 ―

In the early 20th century, the labor injunction in the courts of the United States was a common practice that effectively oppressed labor movement. Labor disputes at all levels of the industry was taking place due to miserable working conditions in the workplaces. Blind to the realities of the working mass, conservative judges would resort to a handy way of stifling union activities by ordering injunctions in favor of the employers when an 'irreparable harm' was likely to occur in the business. The judges would rely on traditional equity principles to justify their decisions. In the end, this problematic practice by the judiciary was corrected by rigorous legislative attempts; the Clayton Act (1914), Norris-LaGuardia Act (1932), and the Wagner Act (1935) resulted in gradual decrease of equity injunctions on labor disputes. Under current National Labor Relations Act, injunctions are allowed only for remedial purpose to prevent unfair labor practices. Injunctions are not used anymore with the intent to oppress union activities. Nevertheless, the labor injunctions of the past still deserve a critical review in light of the perspective that judicial activism could result in disastrous consequences when combined with indifference to the realities of the workers.