The Council of Public Officials' Workplaces was introduced on January 1, 1999 in a transitional period before allowing public officials to join the public officials unions according to Article 33 (2) of the Korean Constitution. As the Establishment and Operation of Public Officials' Unions Act was enacted on January 27, 2005 and enforced on January 28, 2006, the basic labor rights of public officials under Article 33 (2) of the Constitution were allowed to the public officials and really exercised by them. Since then, many Workplace Councils were converted into unions or new unions were also established. Since then the Workplace Council experienced a long-term crisis of identity. The situation seems to be changing somewhat positively, after the Workplace Council is allowed to the police and fire officials who cannot join the union. At this moment it is necessary to review the restriction of membership of the Workplace Council and to re-examine the objective of the prohibition of membership of commanders and supervisors. In this article, the ground of restriction of membership of the Workplace Council shall be reviewed and questioned whether the restraint on the commanders and supervisors is necessary.
목차
Abstract Ⅰ. Introduction II. Limitation of membership 1. Ensuring the right to unite and the restriction 2. Prohibition of membership of commanders and supervisors 3. The Effect of inclusion of police and fire service Ⅲ. Is it necessary to restrict the scope of membership in light of the purpose of the Workplace Council Act? 1. The purpose of the Workplace Council Act and its differentiation from the Public Officials' Union Act 2. Is there a need to limit the scope of membership? 3. Comparison of the four related organizations (public officials' Workplace Council, labor-management council, labor union in private sector, and public officials' union) related to the prohibition of membership. Ⅳ. Improvement measures 1. Deletion of regulations on membership and prohibition 2. Switching to installation Ⅴ. Conclusion [References]
키워드
RestrictionMembershipPublic Officials' Workplace CouncilPublic Officials' UnionLabor Union
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.