In Korea, the employees in hospital are classifies as essential public employees. In general. the employees in Korea are given the right to organize the union, to bargain collectively and to engage in strike. Among the employees, the essential employees should undergo mandatory arbitration before they resort to strike. The labor union argues that this mandatory arbitration may undermine the right to strike. However, the security and maintenance of hospital is very important for the life and health, the law prescibed the mandatory arbitration. This may harmonize the union´s constitutional right of strike and the management constitutional right of property with the public welfare.
In hospital, since the strike is usually accompanied by the sit-down in the facilities, it may violate the law that prohibits the taking of major facilities of the company.
Also, the striker may not stop the maintenance of facilities relating to the security and safety. The medical law prescibe the duty of medicare people not to deny the medical care, this may influence the right of union to engage in strike.
In this context, this thesis will discuss the right of union in the hospital to bargain collectively and engage in strike.
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