National Human Rights Commission of Korea Annual Report 2019 workers had caused considerable loss of life and property on both sides, and the state filed a huge damage claim against the labor union for all losses incurred in the suppression of the strike. Given that opposition to layoffs does not constitute a justifiable reason for a strike and ex post remedies are not provided by judicial authorities, the Commission viewed that the labor union had no other choice but to engage in an illegal strike. If a large number of workers are seeing their right to life threatened through no fault of thei own, then the state, with its duty to protect the basic rights, has the “constitutional” obligation to mediate conflicts. However, in this case, the state is Also, though it is accountable for violating the rights of the dismissed workers and worsening filed a huge damage claim against the workers and seized their possessions. Such an act, which threatened the workers’ right to life, is substantially lacking in legitimacy. Thus, a separate deliberation is needed on whether the police can be held accountable for unlawful and unjustifiable exercise of public power. Moreover, serious social issues may arise, such as collapse of families and communities, collapse or shrinking of labor unions, and deepening labor-management conflicts, if workers find themselves being sued for damage compensation in addition to being held accountable for unlawful strikes. The Commission concluded that, as pointed out by international organizations, this would not only suppress labor union activities, but also have restrictive and inhibiting effects and cause a setback in the guarantees of the three labor rights. In light of these considerations, the Commission submitted an opinion to the Supreme Court that the judge panel should carefully review whether the defendants acted in self-defense or in a legitimate way, extensively apply the principle of comparative negligence, and strictly apply the principle of joint and several liability, so that workers are not restricted in exercising the three labor rights. 47 Key Activities the situation by suppressing the strike in a forceful, unlawful, unjustifiable manner, the police Part 2 found accountable for aggravating the situation by failing to fulfill its obligation.