VI.        Labor Laws in Relation to Other Laws
1.        In relation to Civil Law (Additional Translation)
Labor laws originating from the principles of civil law are generally applied under the
Civil Law . Though civil law is based upon principles such as the absolute principle of ownership, the principle of freedom to contract, and the principle of self-responsibility in accidents, this has only induced greater social inequality between people, and labor laws have been constituted to reform this inequality. Accordingly, principles under Civil Law have been applied to working conditions unregulated by labor law. These include the principle of good faith and sincerity and the principle of preventing the abuse of rights.
The employment section of the Civil Act has only 9 provisions in total, but is considered general law in labor law. In our capitalist economic system, as the Civil Act is based on the principle of freedom of contract, one party to the contract can freely terminate the contract on the premise of damages or a failure to meet certain requirements. However, if employment contracts allow employers, who are in a socially and economically superior position to employees in the labor contract relationship, to unilaterally dismiss employees, those employees whose ability to maintain a livelihood is based on earnings from employment are threatened with unemployment at any time, which places them in an unequal and oppressive relationship8) The Labor Standards Act was enacted under the Constitution to reduce the unequal nature of these relationships and to guarantee the basic right to human dignity and to pursue happiness.9)

2.        In relation to criminal caw (Punishment for Off-limit )
Labor laws are regulations that must be strictly adhered to since punishment will result if violated. Given that working conditions regulated under the Labor Standards Act are mere minimum standards, violators are subject to criminal punishment in the event of any violation.
In cases where workers’ rights disagree with the employer’s ownership rights, a labor union’s counteraction, such as a strike for the betterment of working conditions, is exempt from civil or criminal liability. However, any violence or destruction caused as a result of labor union activities will not be tolerated(Article 3 & 4 of the Trade Union Act ).