노동가처분에 관한 최근 동향

In judicial remedies, the suit on the merits of the case, i.e. claim for performance or confirmation of duties on labor laws or labor contracts, strictly requires taking of evidence which can be time consuming. Therefore, it is not effective in labor dispute, because the remedy procedure should be simple and quick for employee and employer. Accordingly, the provisional disposition, based on Article 300 (2) of the Civil Execution Act which grants provisional dispositions for temporary position, has been widely used in labor dispute. Traditionally, provisional disposition against industrial action and provisional disposition for employee’s status are common. Recently, not only provisional disposition for refusal of collective bargaining but also provisional disposition for prohibition of employment disturbance are ordered by civil court. In this article, I reviewed briefly the need for provisional disposition and protected right of labor injunctions. Despite performing a great role in the resolution of labor disputes, labor injunction remains a dead zone in academic interests. To overcome this weak point is urgent for the reasonable and prompt resolution of labor disputes.