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Trade Union and Labor Relations Adjustment Act — Article 3 (Restriction on claim for damages)

노동조합 및 노동관계조정법 제3조

(1) An employer shall not claim damages against a trade union or an employee for any loss incurred as a result of collective bargaining, industrial action, or other activities of a trade union under this Act. <Amended on Sep. 9, 2025>

(2) A trade union or a worker shall not be liable for damages where, in order to defend the interests of a trade union or workers against an unlawful act of an employer, he or she has caused damage to the employer for an unavoidable reason. <Added on Sep. 9, 2025>

(3) Where a court finds a worker liable for damages arising from collective bargaining, industrial action, or other activities of a trade union, it shall determine the proportion of liability of the worker in accordance with the following subparagraphs: <Added on Sep. 9, 2025>

1. His or her position and role in the trade union;

2. The circumstances and extent of his or her participation in labor disputes, etc.;

3. The degree of his or her involvement in the occurrence of the damage;

4. The level of wages and the amount of damages claimed;

5. The cause and nature of the damage;

6. Other matters deemed necessary to consider for the equitable apportionment of damage.

(4) A trade union and a worker liable for damages under paragraph (3) may file a claim with the court for a reduction of the amount of damages. In such cases, the court shall determine, for each person liable for damages, whether to grant a reduction and the extent thereof, taking into account the economic condition of the person liable for damages, his or her family relationships such as dependents, and the need to ensure a minimum standard of living and subsistence. <Added on Sep. 9, 2025>

(5) Notwithstanding Article 6 of the Fidelity Guarantee Act, a fidelity guarantor shall not be liable for damages arising from collective bargaining, industrial action, or other activities of a trade union. <Added on Sep. 9, 2025>

(6) An employer shall not exercise a claim for damages for the purpose of jeopardizing the existence of a trade union or interfering with its operation, or for the purpose of interfering with trade union activities of its members and causing damage. <Added on Sep. 9, 2025>

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