미국의 위법 쟁의행위에 대한 민ㆍ형사상 책임

Whether or not a strike is unlawful is recognized under the strike's purpose, the time's appropriateness, the striker's action as the National Labor Relations Board suggested. The National Labor Relations Act provides the unfair labor practice by labor unions under Article 8(b) so that the industrial action is unlawful in case that labor unions or their agents violate the unfair labor practice under Article 8(b). Therefore, a union or an individual employee has a civil and criminal liability with respect to unlawful industrial action. In other words, an employer can impose a civil and criminal liability with unlawful industrial action on the union or individual employee. The civil liability with unlawful industrial action consists of the injunction, compensation for damages, or disciplinary action. By contrast, the criminal liability composes the fine or imprisonment. The following suggestion can be reviewed from the civil and criminal liability with respect to unlawful industrial action. Firstly, the injunction of the National Labor Relations Board is a first measure against unlawful industrial action and if a union does not follow a court order, it will be punished as the fine or imprisonment resulting from the contempt of court. This injunction takes a measure with unlawful industrial action and imposed the compulsion through heavy punishments if the order of court is not followed. Secondly, the RICO and Hobbs Act regulate the unlawful action of labor unions in that the National Labor Relations Act does not provide a penalty clause with violent action of labor unions as they take measures with respect to unlawful industrial action. As a result, as the injunction can take measures quickly against unlawful industrial action and the RICO and Hobbs Act as an independent law apply to unlawful industrial action, the institution and policy plan shall be introduced in order to decide the civil and criminal liability with respect to unlawful industrial action in Korea.