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영어

Currently in Korea, the labor unions organized independently in a company have changed their organization form into the branch of industrial union. While the company union is regarded as an independent legal union under the Korea labor law, the branch of industrial union is not an legal union. Accordingly, many questions has arisen as to the Constitutional and legal right of the branch of industrial union. First of all, a question was put to court as to whether branch of industrial union has the right to decide on seceding from industrial union. secondly, the issue is as to whether the branch of industrial union has the right of collective bargaining without direction or control of industrial union. Some argue that the brach cannot secede from the industrial union and bargain collectively with company without approval of industrial union, because the branch of industrial unions not an independent legal union and that only industrial union, legal union, can do that. The Supreme Court in Korea has rendered the decision that the branch of industrial union has the right to secede from the industrial union based in its independent decision and to bargain collectively with company without the direction or control of industrial union so long as the branch has formed a organizational entity. I fully agree with the Court decision in the effect that the branch of industrial union is given the independent right to organize the union, secede from the industrial union, right to bargain collective, and engage in concerted activity because the branch has the Constitutional fundamental right of union activities.