👉The table of contents so far is here.
Chapter 7: The System of Litigation Law
7.3. Economic justice system
Economic justice system refers to the area of justice system that aims to resolve disputes over economic law. There are four areas of economic law: economic planning law, business organization law, labor relations law, and land management law, which is included in economic law in the broadest sense. The content and method of handling disputes vary depending on each area.
Among these, there is little room for disputes to arise regarding the Economic Planning Law. This is because economic plan is norm that are jointly formulated by the business organizations that are the subject of the plan through the Economic Planning Conference (hereinafter simply referred to as the "Planning Conference"). However, if a business organization violates the plan, the Planning Conference can request the suspension of production activities that violate the plan and sanctions against the officials and employees involved.
Such countermeasures and sanctions against violations of the plan are implemented through the Hearing Board which are established within the Planning Conference. The Hearing Board is an independent subsidiary body whose members are neutrally selected and whose decisions cannot be influenced by the Planning Conference, and the accused party is guaranteed an opportunity to defend and refute.
With regard to business organization law, disputes over management decisions between management bodies and worker representative bodies or cooperative members are anticipated. These are handled internally by granting quasi-judicial functions such as injunctions to auditing bodies. This is not an official judicial system, but rather a system that should be called intra-company justice, in which disputes are handled autonomously within the company.
Complex disputes that cannot be handled by auditing bodies are handled by a neutral corporate dispute arbitration committee made up of external lawyers, except in the following cases of labor disputes.
Labor disputes are expected to occur in relation to labor relations laws. However, since labor-management conflicts are sublimated in communist enterprises, serious labor disputes are not usually expected, but individual disputes over working conditions, etc. may arise between workers and their companies.
Such labor disputes are first handled by a labor arbitration committee, a third-party organization within the company. This is an arbitration body made up of lawyers with no vested interest in the company, and is also a type of intra-company justice system.
All enterprises, except for small-scale cooperative labor groups, are required to have a permanent labor arbitration committee, and labor disputes must first be arbitrated by the labor arbitration committee within the company, except for harassment cases in which a jump lawsuit to the Labor Tribune is permitted.
In most cases, the dispute is resolved at this stage, but if it is not resolved, it is left to public resolution by filing a lawsuit with the Labor Tribune. This is part of the civil protection justice system, which resolves labor disputes professionally. As will be explained again later, the decision of Labor Tribune is final.
The land management law, which has an intermediate position between civiv law and economic law, does not normally allow for disputes over land between private individuals, let alone between private individuals and public corporations. This is because in communism, land is an ownerless natural property that does not belong to any person, and each Zone manages it through a land management agency (hereinafter referred to as the "management agency").
However, private individuals can own buildings on land that are real estate for a specified purpose with the permission of the management agency, and can also transfer land use rights with the permission of the management agency However, if a dispute arises between a private individual and a management agency over such land use rights, it is resolved by the Land Use Rights Tribunal (hereinafter referred to as the "Land Tribunal"), an independent subsidiary of the management agency.
The Land Tribunal is a decision-making body made up of lawyers, and the management agency and the opposing party can each present evidence, present their arguments, and fight, but the decision of the Land Tribunal is final.
In addition, when a private individual occupies a specific parcel of land without the permission of the management agency, this constitutes illegal occupation, and in severe cases where violent or fraudulent means are used, the individual may be charged with violating the land management act and may be subject to offence proceedings as described in the next section 4.
👉The papers published on this blog are meant to expand upon my On Communism.
