개정 노동조합및노동관계조정법과 노동기본권 / 김기덕

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[국문주제어]

노사관계 선진화방안, 노동기본권, 단결권, 단체교섭, 단체행동, 노동조합및노동관계조정법, 직권중재, 필수공익사업, 대체근로, 제3자 지원신고, 유니온숍, 쟁의행위 찬반투표, 쟁의행위 중지명령, 복수노조, 노조전임자, 노동위원회, 조정

‘Trade Union And Labor Relations Adjustment Act’ Amended on Dec. 30, 2006 and Fundamental Rights of Workers

Kim, Gi-deog

Attorney at law, Legal Center, Korean Metal Worker’s Union

The National Assembly voted to pass the bills on roadmap for advancement of industrial relations on Dec. 2006. The ‘Trade Union And Labor Relations Adjustment Act’ amended on Dec. 30, 2006 held fast to stance of Korea’s former Act. Under the ‘Trade Union and Labor Relations Adjustment Act’, Korea’s laborers are thoroughly restricted in the use of their fundamental labor rights that the Constitution of the Republic of Korea guarantees. The Use of fundamental labor rights is secured only exceptionally. The amended Act has proposed the advanced industrial relations laws and systems in Korea. But the amended Act is not so much ‘advanced’ as ‘retrogressive.’ The ‘Research Committee on Industrial Relations System Development’ in the Report of Roadmap for Industrial Relations Laws and Institutions, the tripartite representatives meeting, and even the Korea Confederation of Trade Union did not have a correct understanding of non-guaranteeing for the use of fundamental rights of laborers in principle. Out of this amended Act arose many questions in the use of Labor fundamental Rights like before.

[Key Words]

Roadmap for Industrial Relations, Fundamental Rights of laborers, the Worker’s Right of association, Collective bargaining, collective action, Trade Union and Labor Relations Adjustment Act, compulsory arbitration system, essential public services, use of replacement workforce, notification of third-party intervention, union shop, a strike ballot, order to stop industrial action, union pluralism, full-time union officials, Labor Relations Commission, mediation