위법한 직장폐쇄와 사기죄 성립여부

The relations between employer and employee are regulated uncompulsively to achieve more fair conditions of labor. But in many labor places labor disputes including Union strike may happen. When Union strike happens, the employers(including entpreneurs) are able to impose lockout against Union strike to protect their own company. But this employer’s lockout is regalised when it achieves defensiveness against union strike and considerableness in its goal and process. In case that employer’s lockout does not achieve defensiveness against union strike and considerableness, employer’s lockout is illegal, and is not protected by labor law. Thus illegal employer’s lockout causes labor law’s problems mainly, but can cause criminal legal problems also. Especially as the criminal legal problems it is important that illegal employer’s lockout may causes Fraud against employee. But this fraud in the illegal employer’s lockout is not studied in the theoretical aspects and court sentences(even Supreme court sentences) are not found. Thus it is necessary that fraud in the illegal employer’s lockout is to be studied in this article.