Earticle

초록

영어

To align with international labor standards and establish suitable labor-management relations in reality, Korea began allowing multiple labor unions in one workplace in July 2011. This development has resulted in instability from the introduction of many new labor unions, complicated labor-management relations, and system changes. The current single bargaining channel system was designed to maintain and promote order in labor-management relations by introducing the new system while maintaining the existing company-level bargaining practices. While this era of multiple unions has contributed to greater freedom for individual employees in choosing a union they wish to join, it has also resulted in a number of internal labor disputes and unfair labor practices by employers. Introduction of the multiple union system has been considered successful and widely accepted, but there is significant room for improvement due to unforeseen problems and the potential for abuse by employers in the course of determining the bargaining representative union, which is the preparation procedure designed to initiate collective bargaining. The multiple union system has seen frequent disputes regarding whether instances of discrimination between unions and between union members can be considered unfair labor practice. It becomes remarkable to review if there is an improvement to be desired in the unfair labor practice system. The second section (II) will review basic data related to the unfair labor practice system under current labor law in a multiple union era. The third section (III) will classify issues related to unfair labor practice by stage: prior to determining the representative union; in the process of determining the representative union; in the process of collective bargaining; and in the process of implementing the collective agreement. The fourth section (IV) will review issues around handling unfair labor practice such as whether joint representative bargaining or individual bargaining was implemented; whether the duty of fair representation was specifically assigned; whether the responsibility for verification has changed; and whether a union has engaged in unfair labor practice. The last section (V) will consist of a summary and final comments. When handling issues surrounding unfair labor practices, it is necessary to contribute to the security of labor- management relations. These issues are to change or alleviate the responsibility for determination of unfair labor practice. It is necessary to specify the unfair labor practice system in order to be applied limitedly, in an attempt to prevent infringement of individual employee rights to join a union.

목차

Ⅰ. 문제의 소재
 Ⅱ. 부당노동행위의 기초적 고찰
 Ⅲ. 복수노조에서 부당노동행위의 문제
 Ⅳ. 복수노조에서 부당노동행위의 과제
 Ⅴ. 결론
 참고 문헌
 

키워드

저자

• 이승길 [ Lee, Seung-Gil | 아주대학교 법학전문대학원, 교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363