쟁의행위 기간 중 신규채용 금지와 자연감소에 따른 결원충원- 대법원 2008.11.13. 선고 2008도4831 판결 -

In South Korea, Article 43 of Trade Union and Labor Relations Adjustment Act has purpose to implement ‘Principle of Equality of Arms’ through reinforcement of worker’s right to strike. The court has strictly to interpret the exceptional issues of the Act’s article 43 from the ‘Principle of Equality of Arms’ point of view. The court decided that the resignation of replaced worker is so called ‘attrition’ and the employer can hire new recruits to the authority over human resources. But the court must clearly confirm what the employer has intention to infringement of worker´s rights of strike because he try to avoid the prohibition of the Act’s article 43. In other words, the court must confirm to the fact what the employer and the resigner have a conspiracy on infringe under the strike of workers. Employer should fill a vacant post with the new worker by the method of one-to-one correspondence. It can be violated the Act if the employer employed the two person after one person had resigned. And the resigned employee should be replaced with the new worker to the same position. It feels like the lack of these points to this precedent.