위법 쟁의행위로 인한 손해배상소송과 책임제한의 개별화 ― 최근 대법원 판결에 따른 ‘위법한 쟁의행위로 인한 손해배상책임 제한의 개별적 판단 법리’의 검토를 중심으로 ―

초록

According to our Supreme Court precedents, the trade union that led the illegal industrial action and the union members who participated in the industrial action are Untrue joint and severable liable as Joint Tortfeasors. As a result, the trade union and its members are jointly liable for all damages incurred by the employer, and the limitation of liability is determined uniformly between the trade union and its members. However, a recent Supreme Court ruling ruled that the limitation of liability of union members for damages arising from illegal industrial action must be judged individually. Therefore, this article examines the contents of a recent ruling that ruled that liability limitations should be individually determined in compensation for damages resulting from industrial action, and examines whether this is reasonable.

키워드