Politically inspired strike

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With the politically inspired strike (politics strike, political strike), I point to the strike to be carried out for a political purpose against a public organization including a country or the local public entity.

Table of contents

State-like of the politically inspired strike

The politically inspired strike is classified in two kinds by the demand contents.

Economical politically inspired strike

I contribute to working conditions, the position improvement of the worker

Pure politically inspired strike

I was specialized in a political issue in single-mindedness including peace, the pacifism

Theory of Japan

Illegal opinion (precedent)

A thing not to be the thing which receives security of Constitution of Japan Article 28 because the opponent of the strike is not a user. An advantage to perform a strike than other nations who cannot handle it by group negotiations for a reason is not recognized.

Justice theory

All strikes assume security of constitution Article 28 reputation. It becomes the reason that constitution Article 28 does not increase an objective condition, that the politics is inseparable from labor historically.

Politically inspired strike two minutes opinion (majority theory of the learned society)

The thing which the economical politically inspired strike receives an application of constitution Article 28, but the pure politically inspired strike simply catches the application of constitution Article 21 (freedom of expression). In other words, a thing that legitimacy is accepted only by the former.

Precedent of Japan

• The precedent adopts an illegal opinion, and it is consistent that politically inspired strike is not under the protection of constitution Article 28 by 全逓東京中郵事件, All Agriculture & Forestry Ministry's Workers Union Performance of the Police Functions Act case, and a seal is shown.

References

• It is page 584 Kazuo Sugano "labor law fifth edition revision two" (Hirofumi temple, 2001)
• It is page 420 the Toshi Nishitani "Labor Union Law second edition" (有斐閣, 2006)
• The long Mitsuo Fuchi "politically inspired strike - Mitsubishi Heavy Industries Nagasaki shipyard case" Kazuo Sugano, Toshi Nishitani, Hisashi Araki edition "labor precedent 100 selections seventh edition" (有斐閣, 2002)

Allied item

• Sympathy strike

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