earticle

영어

There may be no troubles if the employer is defined as the subject for the obligation of collective bargaining and unfair labor practice based on the employment relation between the employee and the employer as defined in Labor Union Act. By the way, the analysis theory, which decides the counterpart in collective labor relations on the basis of existence of employment relation, has been developed based on the consistency between employment and use. However, the current tendency of using the labor force is not absolutely based on the consistency between employment and use. That is, it may frequently happen that the employment is inconsistent with the use at the initial stage of contract. As the form of utilizing the labor force has been variously developed, it is not sufficient to define the notion of the employer based on the law related to the employment contract. In order to solve this problem, various legal principles have been suggested. Regarding the notion of the employer in Labor Union Act, the definition of Korea Supreme Court(hereinafter "KSC") is very limited to only employment contract. However, most theories have tended to specially define the employer based on Labor Union Act to expand the notion of the employer. Especially, in the case of Hyndai Heavy Industry, the Seoul Administrative Court judged that Hyndai Heavy Industry partially has acted unfair labor practice, which is totally different from the one of KSC and it drew the attention of others. The final judgment of KSC is imminent, so we need to review the legal principles of the notion of the employer. In this paper, the legal principles for the expansion of the notion of the employer will be investigated and analyzed and improvement thereof will be suggested.