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복수노조 교섭창구단일화 제도의 주요 쟁점

원문정보

Major Issues in the legal procedure for the single bargaining table

양성필

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초록

영어

The amendment of the Trade Union and Labor Relations Adjustment Act in 2010 has a significant influence on the Korean industrial relations enough to change the paradigm of the collective labour relations all at once as multiple trade unionism not only guarantees workers’ choice on trade union but also leads to the various cases in the collective labour relations. Therefore, it is necessary to review precise and proper interpretation of the labour law and seek to the legal alternatives, for trade union pluralism is closely related to the various legal issues. Although there are some views that the legal procedure for single bargaining table is the violation of the Constitution, it is necessary to try to solve the controversy on the violation of the Constitution through maximum guaranteeing the minor trade union the opportunity of participation in the bargaining. In relation to the procedure for determining the trade unions participating the single bargaining table, the trade unions participating the procedure for single bargaining table must be the all trade unions regardless of the type of organization considering the intent of the legal procedure for the single bargaining table. Bargaining unit should be set in the level of outside of the workplace in the view of the intent of securing the workers’ rights of organization, collective bargaining and collective action pursuant to the Constitution, the principle of the labor management autonomy, etc. Voluntary bargaining by the consent of the employer should be permitted in the case of satisfying the special requirement because the bargaining may infringe the procedure for the single bargaining table. In the case of coexisting the two trade unions or more, first of all the trade unions can determine the representative for the collective bargaining with autonomy. If it fails, the trade union composed of a majority of the workers in a certain bargaining unit can negotiate and make a collective agreement for the all the unions and workers in the bargaining unit. In the case that the trade union composed of a majority of the workers does not exist, the trade union supported by the majority of workers must be elected under the supervision of the Labor relations Commission. If it fails, the joint bargaining representative team can negotiate and make a collective agreement.

목차

I. 문제의 제기
 II. 개정 노조법상 교섭창구단일화 절차 개요
 III. 개정노조법상 교섭창구단일화제도의 위헌성 여부 검토
 IV. 교섭창구단일화 참여노초의 확정절차와 관련된 쟁점 및 대안 검토
 V. 교섭대표노조 결정절차의 쟁점 및 대안 검토
 VI. 결론
 참고문헌
 Abstract

저자정보

  • 양성필 Yang, Sungpil. 아주대학교 일반대학원 박사과정

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