A Comparative Legal Study on the Prohibition of Substitute Labor during Industrial Action and Its Implications

Key Points

• The aim is to analyze the legislative history of substitute labor prohibition and its legal implications in relation to labor rights.
• Conducted a comparative legal analysis of the substitute labor prohibition history.
• Categorized major nations' substitute labor regulations based on their permissiveness.
• Examined changes in the substitute labor laws in relation to labor relations and socio-economic conditions.
• Identified that substitute labor prohibition in South Korea is unique due to its strict criminal sanctions.
• Revealed that labor laws have evolved based on political choices rather than being absolute requirements.
• Suggested the need for reevaluation of the policy's rationality and regulatory intensity.

Abstract