Abstract
Management rights are rights granted by the Constitution to guarantee the freedom to choose a job or own properties. Although management rights are constitutional rights, they may be restricted for public welfare. Therefore, it is not right to exclude certain parties from negotiation just to claim the exclusiveness of management rights.
 In addition, the three rights of labor in Korea are essentially the basic rights for freedom. For that reason, the three rights of labor shall emphasize the freedom or autonomy of labor workers and acknowledged broadly in regards to the employment conditions.
 The three rights of labor are not mere individual rights, but function as an order of objective value that maintains the actual freedom and equality of capitalistic societies. Considering its function as an order of objective value, management rights are restricted in regards to the employment conditions.
 Eventually, management rights, considering the intrinsic limitations and the three rights of labor, are not the sacred and inviolable exclusive rights granted to employers, but may be restricted in relation to the employment conditions.
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