사무관리직 근로자의 단결권보장

Abstract

Managerial or supervisory workers rights to form or join trade union are restricted significantly under the Trade Union and Labour Relations Adjustment Act(hereafter ‘Trade Union Act’) in Korea. Because the Act prohibits ‘an employer or other persons who always act in their employer’s interests’ from joining trade union(Sec. 2(2)(a)) and most of managerial or supervisory workers are regarded as persons who act for employer’s interests by lots of collective agreements. Some of courts decisions included workers performing supervisory function in the lower part of an enterprise among the category of Sec. 2(2)(a) under the Act. This attitude against trade union rights of managerial or supervisory staffs, however, is not compatible with the requirement of the Constitution of Korea and international labour standard concerning to freedom of association in labour relations. According to Sec. 33(1) under the Constitution or Sec. 2 under ILO’s Convention no. 87, all workers, including managerial and executive staffs, should enjoy the right to organize in spite of the nature of the functions or the hierarchical level of workers. In this study, I would review the existing viewpoint that denied the right of managerial or supervisory workers to form or join trade unions and suggest new approaches as followings. (1) An excessively broad interpretation of the expression ‘an employer or other persons who always act in their employer’s interests’ under Sec. 2(2)(a) of the Trade Union Act, which denies managerial or supervisory staffs their right of association, may seriously limit trade union rights. Sec. 2(2)(a) under the Trade Union Act, therefore, should be interpreted to make a harmony with the principle of freedom of association. In other words the expression of Sec. 2(2)(a) of the Act should be limited to cover only those persons who genuinely represent the interests of employers. (2) In order to deny managerial or supervisory employees the rights to belong to the same trade union as other workers, two requirements should be met; first, that such workers have the right to form their own associations to defend their interests, and second, that the categories of such staff are not defined so broadly as to weaken the organizations of other workers in the enterprise or branch of activity by depriving them of a substantial portion of their present or potential membership.