Individualization of the limitation of liability for Joint Tortfeasor’s Liability in Joint Torts from illegal industrial action

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.<br/> 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.

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Publication Details

Journal
Nodong beobhag.
Published
2024-09-30
DOI
https://doi.org/10.69596/jll.2024.09.91.1
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Individualization of the limitation of liability for Joint Tortfeasor’s Liability in Joint Torts from illegal industrial action

Soo-Hyun KO
Nodong beobhag.
Corporate Law and Human Rights
article

Individualization of the limitation of liability for Joint Tortfeasor’s Liability in Joint Torts from illegal industrial action

Soo-Hyun KO
article en

Abstract

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.<br/> 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.

Nodong beobhag.Vol. 91
Openalex Percentile: Top 68%
Corporate Law and Human Rights
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