미국 대학의 통폐합이 교직원 고용관계에 미친 영향과 노동법적 시사점

Abstract

This study aims to provide the implications for Korean universities regarding the impact of merger on university employment by analyzing the four cases of USA. The cases were chosen because there have been more than 700 cases of university mergers in the USA since 1960s. The implications of the study are as follow. First, the national assembly should enact an act that would address the complex issues and problems of university mergers. As seen in the four cases, university mergers could have significant impact on employment rights of both academic and administrative staffers of higher education institutions. Thus, the procedures of university mergers and employment rights of academic and administrative staffers should be clearly defined by the act. Second, studies on the legal impacts of mergers on university employment should be encouraged. Whereas there have been a lot of studies on university mergers, there have been relatively few studies that address the relationship between university mergers and employment issues. Third, the issues and problems that could stem from mergers between national and private universities should be thoroughly examined since such mergers could raise new issues on changes of employment rights, which have been rarely discussed in the USA. Finally, the new act should allow academic staffers to participate in the process of university merger. Currently, only administrative staffers have bargaining groups to negotiate merger conditions. Thus, the act should ensure that academic and administrative staffers be given equal opportunities to participate in merger process.