노란봉투법의 위헌 여부에 관한 고찰

The so-called Yellow Envelope Act, a revision to Articles 2 and 3 of the Labor Union and Labor Dispute Mediation Act, is in labor pains ahead of the plenary session of the National Assembly. The Yellow Envelope Act aims to expand the scope of employers and the concept of labor disputes, and to partially limit the liability for damages caused by industrial actions to prevent the contraction of the three labor rights and expand the guarantee of constitutional rights. In this article, the pros and cons of the Yellow Envelope Act and the resulting legal issues were extracted as follows, and whether this bill was unconstitutional was discussed. First, it is a question of whether it violated the principle of legality. The bill did not directly violate the principle of clarity just because it was a clause that required a supplementary interpretation by a judge, and there was also predictability in the application of the law. Second, the proportion of freedom of contract and the three labor rights should be evaluated as to whether it violated the principle of freedom of contract. However, since the principle of private autonomy presupposes equal freedom of all individuals, the normative weight of the three labor rights was higher. Third, whether property rights were violated was approached as a conflict between the three labor rights and the constitutional rights of property rights. It was suggested to focus on discussions to expand the scope of legitimate industrial action, which is the essence of the problem, as effectively limiting compensation for damages caused by tort can excessively infringe on property rights. Fourth, considering the purpose of the Constitution guaranteeing the three labor rights and protecting labor unions, the issue of equality with users and other social organizations was viewed as reasonable discrimination. Finally, it was considered that a normative harmonious interpretation was needed as a matter of conflict of constitutional rights with the three labor rights as to whether or not occupational freedom was violated. However, the so-called strategic blockade lawsuit has an element of unconstitutionality that neutralizes the three labor rights, so it is necessary to develop legal principles that limit it. Therefore, it is expected that social discussions and academic research on this bill and its unconstitutionality will continue.