Earticle

초록

영어

The controversy over rights dispute and interests dispute has lasted for a long time. The recognition that rights dispute is not subject to collective bargaining and strike is widely accepted. However, it is incorrect to judge that it is not included in the object of collective bargaining and strike just because of the matter of rights dispute. Such an interpretation does not match the provision of Article 81-3 of The Trade Union and Labor Relations Adjustment Act(TULRAA) of Korea. Article 81-3 of TULRAA provided that the purpose of collective bargaining is “agreement of collective bargaining agreement and other collective bargaining”. Article 81-3 3 of TULRAA clearly show that the right to collective bargaining does not mean that it should be exercised only for the purpose of concluding collective agreement. The most essential purpose of collective bargaining is the determination of union members’ working conditions through the conclusion of collective agreements and the formation of collective autonomy. However, it is also an important objective of collective bargaining to resolve various problems in the process of interpretation and applying collective agreement. As a result, the tension in the process of collective bargaining is relaxed, while on the other hand the concentration of the collective bargaining itself is enhanced, and it is possible to concluded the collective bargaining rather early. The issue other than the purpose of concluding collective agreements can be negotiated on a continuous basis during the valid period of collective bargaining agreement. This will improve the negotiation skills of each party and problem solving skills of autonomy and furthermore it will be a decisive opportunity to secure sustainable stability of labor relations. This is because the basic requirement of the TULRAA is that Labor unions and management voluntarily solve the problems without relying on public institutions. This will be a catalyst to realize the principle of collective autonomy at a higher level with Korean labor-management relations.mean that it should be exercised only for the purpose of concluding collective agreement. The most essential purpose of collective bargaining is the determination of union members’ working conditions through the conclusion of collective agreements and the formation of collective autonomy. However, it is also an important objective of collective bargaining to resolve various problems in the process of interpretation and applying collective agreement.

목차

Ⅰ. 재검토의 배경과 필요성
 Ⅱ. 권리분쟁의 개념
 Ⅲ. 권리분쟁 사항이 단체교섭 대상에 포함되는지를 둘러싼 논쟁의 원인
 Ⅳ. 권리분쟁 사항이 단체교섭 대상에서 제외됨으로 인한 문제점
 Ⅴ. 문제 해결을 위한 해석론
 Ⅵ. 현실적 유용성
 참고문헌
 

키워드

권리분쟁 이익분쟁 단체교섭 단체교섭 대상 노동쟁의 의무적 교섭사항 임의적 교섭사항 기타의 단체교섭 Trade Union collective bargaining right to collective bargaining the purpose of collective bargaining rights dispute interests dispute

저자

• 이준희 [ Lee Jun Heui | 경총 부설 노동경제연구원 법제연구실 연구위원, 법학박사. ]

참고문헌

발행기관

간행물