Notices

Today, July 17, is Constitution Day, a national commemorative day in Korea. I would like to examine the relationship between the Constitution and Korean labor law.

Labor law consists primarily of the Labor Standards Act and the Labor Union Act. 

Each of these acts serves as the foundational statute for various related laws and regulations.

The Labor Standards Act was enacted pursuant to Article 32, Paragraph 3 of the Constitution, which provides that “standards of working conditions shall be prescribed by law in such a way as to guarantee human dignity.” This constitutional principle is reflected in Article 1 of the Labor Standards Act, which sets forth the purpose of the Act.

The Trade Union and Labor Relations Adjustment Act was enacted on the basis of Article 33, Paragraph 1 of the Constitution, which provides that “workers shall have the right to independent association, collective bargaining, and collective action for the improvement of their working conditions.” This constitutional principle is reflected in Article 1 of the Act, which sets forth its purpose.

In particular, Article 10 of the Constitution provides that “all citizens shall be assured of human dignity and worth and shall have the right to pursue happiness.” This provision represents the fundamental direction and objective pursued by labor law.