Penal Sanction against Strike: Focused on Decision of Constitutional Court of Korea(2010. 4. 29, 2009HUNBA168)

In Korea, the mere act of organizing or participating in a peaceful strike is likely to be subject to penal sanction. The authority often resorts to arrest and imprisonment for the organization of or participation in a peaceful strike. Constitutional Court of Korea decided again on April 29, 2010 that the application of the crime of interference with business in Criminal Act to industrial actions including peaceful strikes was not a violation of the Constitution.

No one should be penalized for carrying out a peaceful strike. Penal sanctions should only be imposed as regards industrial actions where there are violations of strike prohibitions which are themselves in conformity with the principles of protection of collective action prescribed in the Constitution. Legal reasoning of Constitutional Court of Korea concerning penal sanctions to industrial actions only justifies the abuse of governmental power.

Key Words: interference with business, peaceful strike, industrial action, penal sanction