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영어

This is a study on the individual dispute resolution system in the Korean labor law. The individual dispute resolution system can be divided into five types; they are rights norms, resolution methods, resolution institutes, resolution procedures and relief types. The right norms include the constitution, the labor law, the collective agreements, the rules of employment, the labor contract, and the labor practices, which regulates individual labor disputes. The decisional methods and the conciliation methods which include an arbitration and mediation are generally considered as the resolution methods. The resolution institutes include the court, the administrative agency, the labor department, the internal organization in the company. The resolution procedures indicate the entitlement of the applicant, the filing period, hearing process, and appealing procedure. There are a compensation for damages, a reinstatement, and a back pay, etc. in the relief types. The Japanese and the US individual resolution systems are compared with that of Korea. The suggestion for improving the individual dispute resolution system in Korea is demonstrated. The conflict of right should be originally based on the judgement. Having considered the continuity of the employment relations, however, it is necessary to introduce the mediation system for the resolution of the conflict of right. In order to resolve labor disputes, professional institutions are required. In case of Korea, there are various institutions such as National Human Rights Commission of Korea, Labor Commission, Administrative Court, Civil Court, Ministry of Justice and Ministry of Labor. Because the roles of these institutions are overlapped, however, this study claims that the unification of the institutions and their roles is necessary. The Labor Commission in Korea has played a key role in resolving the individual labor disputes. Various types of remedies are being employed by the Commission, which are, for instance, reinstatement, back pay, compensation instead of reinstatement, and compensation for damages. The punitive damage system in the US can be seriously considered to be adopted in Korea for the effectiveness of remedy's order. In addition, the establishment of the labor court system for the professional resolution of labor disputes can be the long-term project.