단결권 보장의 현대적 의의

Abstract

This paper aims to reconsider the present meaning of ensuring the right to organize through writings of professor Kim, Yoo Sung. Professor Kim has always been interested in the freedom of association and has much contributed to improve the trade union's rights in Korea. Though most of his opinions have been accepted by new Acts or courts' judgement, some of them are still our tasks to be reformed. This paper focuses on the latter.Professor Kim has emphasized on the generality of the right to organize, which is ensured to all employees without exception. He has especially advocated the right of some employees who did not have it as like teachers, public officials, the unemployment, or economic dependent workers. He has also stressed the fullness of the union's rights. He has asserted to abolish prohibition of the third party's intervention to collective bargaining or strike, to allow political action of trade union, to reform report system for establishment of trade union, to take off the limit of union dues, and so on. In order to fulfill his assertion, some following rules in the ‘Trade Union and Labor Relations Adjustment Act’ should be abolished or reformed.(1) Article 5 section 1 in the additional provisions prohibits multi unions in a business. It provides that in case where a trade union exists in a business or workplace, a new trade union which has the same organizational jurisdiction, as existing trade unions shall not be formed. It is a notorious rule to limit the freedom of association in Korea, so it should be abolished immediately. (2) Article 27 provides that a trade union shall report the outcome of financial closing, and the status of operation if the administrative authorities request to do so. It goes against the union's autonomy, so it should be reformed reasonably. He has especially asserted the need of enlargement of employer concept. It is a important to define employer in unfair labor practice system or collective bargaining. He has argued that employer should be determined by means of substantial controlling power test, under which a person having substantial controlling power to conditions of employment should burden responsibilities of labor law as employer.