Earticle

초록

영어

In 1997, trade union and labor relations adjustment act substituted the term “with respect to the terms and conditions of employment” - which had been an element for definition of the industrial disputes - with “with respect to the determination of terms and conditions of employment”. Afterwards, the opinion that rights dispute is excluded from the category of industrial dispute and so cannot be accepted as a legitimate industrial actions nor as a subject for collective bargaining has been commonly accepted. However, some opinion dissent the opinion. In addition, the criticism pointing out that there is a lack of full-scale academic discussion on the relationship between rights dispute and industrial actions is arising. Such controversy became fierce after the judgement of Seoul High Court on April 2015. The court accepted the opinion insisting that the legitimacy of industrial actions depends on the specifics of rights dispute. The court held that legitimacy of industrial actions for rights dispute may be approved, however the rights dispute shall be related to fulfillment and compliance of collective agreement in contrast to interpretation or application. Opinions supporting the judgement are arising. This study aims to draw a reasonable principle, especially on whether fulfillment and compliance of collective agreement in contrast to interpretation or application may be accepted as an object of industrial actions by analyzing opinions on legitimacy of industrial disputes related to rights dispute. This study analyzes legitimacy of industrial disputes related to rights dispute on two perspectives - ‘Considering industrial actions as a sole’ and ‘Considering the relativeness with collective bargaining and industrial disputes’ - and concludes that rights dispute cannot be accepted as an object of industrial actions. Furthermore, this study dissents the opinion that considers the specifics of rights dispute which accepts legitimacy of industrial actions related to fulfillment and compliance of collective agreement in contrast to interpretation or application.

목차

Ⅰ. 서론
 Ⅱ. 권리분쟁의 개념과 내용
 Ⅲ. 노동3권의 상호관계와 권리분쟁
 Ⅳ. 권리분쟁에 대한 쟁의행위정당성 판단
 Ⅴ. 단체협약에 대한 분리취급판결의 한계
 Ⅵ. 결론
 참고문헌
 Abstract

키워드

권리분쟁 이익분쟁 쟁의행위 쟁의행위정당성 단체교섭 단체교섭의 대상 노동쟁의 노동쟁의개념 단체협약의 이행 또는 준수 rights dispute interests dispute industrial actions legitimacy of industrial actions collective bargaining subject of collective bargaining industrial disputes definition of industrial disputes fulfillment and compliance of collective agreement

저자

• 하갑래 [ Ha, Gap-Rae | 법학박사, 단국대학교 법과대학 교수. ]

참고문헌

발행기관

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