노동분쟁의 특수성과 노동법원의 전문성

Abstract

In Korea, the system of resolution of labor dispute is under discussion. It has its root on the disbelief in the impartiality of the existing system. Since the european labor court system which is characterized as the participation of the non-jurist specialist was suggested as an alternatives to the existing system by lawyers acting mainly for the sake of workers, national union centers are interested in the possibility of the labor court system. Several forum on this issue has been held, but it is far from the noteworthy progress. Although the consensus on the characteristics of labor dispute seems possible and the reformation of the existing system can be debated on the win-win bases, the situation on this issue is regarded as a kind of win-lose game. So under the premise that the consensus is possible on the characteristics of labor dispute, I would propose the transformation of the debating point from the necessity to the specialty of labor court, as well as 3 evaluation indexes ― i) confirmation of the specialty in construing the general clause, ii) the concurrence with the existing procedural law, iii) the gurantee of manpower pool ― which enables to evaluate objectively the properness and realization of the various action plans.