노동조합의 사용자에 대한 비재산적 손해배상청구권

The standard remedy after a collective action is for the employer to claim damages against the trade union and its members, while it is quite rare and uncommon for an employer to be accused of unfair labor practices and other tort liabilities. This article attempts to seek a legal principle about compensation for an employer’s unfair action to against the union. The article is composed of three parts. The first part deals with comparative studies on compensation (Ⅱ), the second part discusses the definition of non-property damages that the union may claim, and the legal basis on compensation in succession (Ⅲ), and the last part concerns the invasion of personality right or interests and the union's claim on non-property damages against an employer’s unfair action (Ⅳ). For a union to claim non-property damages for unfair labor practice or injury against the employer, the first thing to be resolved is whether Article 751 of the Civil Act can be applied. This issue is discussed in Part Ⅲ. My opinion is that Article 751 can be interpreted as a general clause for claiming compensation for pain and suffering, as well as for personality rights or property losses. I also believe that Article 751 can be an adequate grounds for a claim on non-property damages caused by an employer’s unfair action against the union. The chief reason is that a union may also enjoy personality rights just like any other organization, and it can be a litigant on legal actions for non-property damages. Furthermore, there is a provision against unfair labor practice in the Trade Unions and Labor Relations Adjustment Act. The core subject that I discuss in Part Ⅳ is that the aforementioned Act should be applied as a main provision for protecting a trade union’s personality right. Accordingly, the union can also claim non-property damages for an employer’s unfair action apart from the relief in the case of recognizing the employer’s liability for unfair labor practices.