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영어

Change discipline of organizational form of the labor union is to be able to make the change immediately organization form. Establishment and dissolution procedures of trade unions is very inconvenient. Rules of procedure for the change of organization form in the dimension of the guarantee of the right to organize on the Constitution, has an important meaning. Legislators can not make the law completely. Law must have a shortcoming. Such problems occur when the situation happens especially legislators are not going to be expected at all. Legislators could not expect to change that the industrial unions to the enterprise union. Because it had been prohibited. Now, however, there are multiple unions institutions are allowed. Situation changed. Then, defect of law can be occurred. If the law is not valid, it is necessary to solve these problems through a reasonable interpretation. The overcoming these problems through overall content and the purpose of legislation is analogical application. Recent controversy of organizational changes of union also must be solved by these analogical application. In the Constitution, the labor union makes no distinction between corporate labor union and industrial union. Both are equally protected. Industrial union is not in the lead. With that in mind, The current Labor Union Act Article 16 is a wrong regulation. In other words, it should be re-interpreted reasonably from analogical application. Traditional precedents deem that the subject of chainging organizational form of the union is limited to case with the eligibility as a labor unions. And the collective bargaining ability is an important element to the eligibility of such union. However, this interpretation is not appropriate. Such a decision is not valid as overly formal literal interpretation. Even if a small number of workers, they have clear intention that leave the industry union, trying to return to the labor union, so trying to actively exercise their rights, it would be wrong to stop this. In conclusion The concept of the labor union as the subject of change of organizational form has nothing to do with the presence or absence of the collective bargaining ability. A specific intention wishing to go to an independent collective bargaining that be organized to the extent to be expressed specifically in outside is sufficient.

목차

Ⅰ. 문제의 소재
 Ⅱ. 노동조합의 조직형태의 개념과 조직형태 결정의 자유
 Ⅲ. 노동조합 조직형태 변경 규정의 입법취지와 입법론적 흠결
 Ⅳ. 현행법 상의 조직형태변경규정의 입법 흠결과 법학방법론적 평가
 Ⅴ. 조직형태 변경의 주체 적격 논쟁 - 독일에서의 ‘노동조합’의 개념 논쟁을 중심으로
 Ⅵ. 결론 및 시사점
 참고문헌
 Abstract

키워드

단결권 기본권향유주체 노동조합의 개념 유추적용 복수노동조합 노동조합 조직변경 입법 흠결 법학방법론 Right to organize Union Legal Concept of Labor-union Analogie Multi-Unions-System in company Organizational changes of Union Legislative Defects Methodology of Law

저자

• 권혁 [ Kwon, Hyuk | 부산대학교 법학전문대학원 교수(부교수), 법학박사 ]

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