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영어

Trade Unions rights are provided by the Constitution, especially section 33, on which employment relations law and labor relations are based respectively. But it is important that trade unions rights may have another character compared to common civil rights. It is the character of the legal institution guaranteed by the Constitution. Trade unions rights could be on not only liberty and social rights but also collective and voluntary system for settlement of interests as kind of collective autonomy under Constitution.
Trade Union and Labor Relations Adjustment Act(TULRAA) Article 5 provides that workers are free to establish a trade unions or join it. however, its Addenda Article 5 paragraph 1 provides in cases where trade union exists in a business or workplace, a new trade union which has the same organizational jurisdiction as existing trade unions shall not be formed by December 31st, 2009, despite the provisions of (TULRAA) Article 5.
The Plural Bargaining will cause two or three times more burdens to labor management because unit unions in a company will be engaging in competitive bargaining, resulting inefficient or delayed processes. however, the collective bargaining is the system in which workers representatives engage in a decision making regarding working conditions with employers. Accordingly, minority unions are considered to have participated in the collective bargaining even though they could not exercise their rights to bargain as long as they voted to select representatives for the bargaining. also, I think that the Constitution Court and TULRAA will not protect plural trade unions and will encroach the rights of minority trade unions.
As a result, I think that the problems between a single collective bargaining and a collective bargaining rights shall be resolved by the way the constitution and a collective bargaining rights will not be controlled and restrained.