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불이익취급의 부당노동행위와 입증구조 ― 입증책임 전환 및 입증방법의 개선방향을 중심으로 ―

원문정보

A Study of the Burden of Proof in Unfair Labor Practice : Special Focus on Reform Measure of the Burden of Proof

김소영

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초록

영어

Unfair treatment of employee on grounds that he or she has joined or intends to join a labor union, or has attempted to organize a labor union, or has performed any other lawful act for the operation of a labor union by employer must be prohibited in order to secure the basic rights of the employees. An employee or labor union may apply for remedy to the Labor Relations Commission upon infringement of rights due to unfair labor practices on the part of the employer. In order to determine whether the concerned treatment of employee constitutes an act of unfair labor practice, it is necessary to be proved an employer's intention of unfair labor practice by employee or labor union. Employee or a labor union should give the Labor Relations Commission an evidence as a presumtive proof of unfair labor practice. In fact it is difficult to be proved an employer's intention of unfair labor practice because workers can not easily get information of the company. Labor Relations Commission often encounter an obstacle to determine employer's unfair labor practice because of the procedure of the burden of proof by workers. Therefore it is necessary to be changed the principle of the burden of proof in unfair labor practice. The burden-shifting rules is needed to lighten to prove an employer's intention of unfair labor practice. Moreover unfair labor practices by employers of this year are estimated to be increased because Korean government introduced the plural union system in same company on July 1, 2011 to gurantee the right to organize which Constitution Law gurantee. Employers has to bargain in good faith all labor unions and treat them partially. If the employer not to keep neutral attitude, the action of the employer will be unfair labor practice.

목차

불이익취급의 부당노동행위와 입증구조
  Ⅰ. 문제의 제기
  Ⅱ. 불이익취급의 부당노동행위에 있어서의 입증책임구조
  Ⅲ. 판례법리
  Ⅳ. 입증책임 및 입증방법의 개선방향
  Ⅴ. 결어
  참고문헌
  〈Abstract〉

저자정보

  • 김소영 Kim, Soh-yeong. 충남대학교 법학전문대학원 교수

참고문헌

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