사업양도와 근로관계 승계의 방법

李承昱(Lee Sung-Wook) 부산대학교 법학연구소 2000 법학연구 Vol.41 No.1

6월 항쟁 이후 20년에 대한 법사회학적 평가 87년 체제 이후 노동관계법,제도의 변화와 전망

이승욱 ( Sung Wook Lee ) 법과사회이론학회 2007 법과 사회 Vol.0 No.32

일선경찰관과 상급자의 무만족도와 교육수준: 인구사회학적 특성을 중심으로

이승욱 ( Sung Wook Lee ),이창한 ( Chang Han Lee ) 한국경찰학회 2015 한국경찰학회보 Vol.17 No.3

선행 연구들은 경찰관의 직무만족 연구에 있어서 주로 성별과 같은 인구사회학적 특성을 중심으로 연구했으나 직무만족도와의 관계를 명백하게 설명하지 못했다. 따라서 본 연구는 일선경찰관과 그 상급자의 교육 수준 차이와 직무만족간의 관계를 연구하고자 한다. 구체적으로 1. 일선경찰관의 교육수준이 직무만족과의 관계, 2. 상급자의 교육수준이 직속 일선경찰관의 직무만족과의 관계, 3. 일선경찰관과 상급자의 교육수준 차이가 일선경찰관의 직무만족에 대한 영향을 살펴본다. 본 연구를 위해 14개 관서 17명 경찰관에 대한 선행연구를 우선적으로 실시한 후 선택된 8개의 관서에서 추가적 연구가 실시되었다. 본 연구 결과에 따르면 일선경찰관의 교육수준이 높을수록 낮은 직무만족도를 가지지만, 상급자의 교육수준은 일선경찰관에의 직무만족에 큰 영향을 없는 것으로 나타났다. 상급자와 일선경찰관 즉 직급 간 교육차이에 관하여 상관이 낮은 경우는 부적으로, 높은 경우는 긍정적으로 일선경찰관의 직무만족에 영향을 미치는 것으로 나타났다. 이 연구는 시간적 요소를 포함시키지 않았으므로 경찰관이 언제 직무만족이 감소 또는 증가하는지에 대한 이해가 불가능하다. 따라서 이에 대한 추가적 연구가 필요하다. The goal of this study is to add to the limited knowledge of police officer job satisfaction in regards to educational level differences among supervisors and officers. For this reason, this study attempts to answer the following questions. 1) Does officers`` educational level impact their job satisfaction? 2) Does sergeants`` education level impact their subordinate officers`` job satisfaction? 3) Does the difference between officers`` and sergeants`` educational level impact officers`` job satisfaction? Before mailing the survey to l1,083 agencies, 17 sworn officers from 14 different agencies were administered a pre-test of the survey. With the application of three step statistical procedure, the results were able to answer our three research questions. Firstly, officers’ education level was statistically significant in relation to job satisfaction, but in a negative direction. Secondly, this study did not find any significance in sergeants’ education level and job satisfaction. During the bivariate analysis, it showed significant statistical relationship among three discrepancy levels of officer and sergeant education compared to job satisfaction. However, Data this study used did not include a time dimension where the progress or decrease of job satisfaction could be measured according to increase of time.

비정규근로자 차별금지에 관한 영국에서의 판례법리

이승욱(Lee, Sung-wook) 성균관대학교 법학연구소 2008 성균관법학 Vol.20 No.3

This paper introduces the legal framework of equal treatment between regular employees and irregular employees in the United Kingdom, and suggests some implications to the operation of counterpart in Korea. In 2006 the Act concerning the Protection of Fixed-term Employees and Part-time Employees was enacted in Korea. The main purpose of this Act is to give opportunities to the irregular employees such as fixed-term, part-time and agency employees equal treatment with regular employees in terms of terms and conditions of employment. As the Act was a result of hasty compromise between tripartite parties, there remains many issues to be solved. In the UK, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations was enacted in June 8 2000, and the Fixed-term Employees(Prevention of Less Favourable Treatment) Regulations was enacted in July 30 2002. The cases decided by the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, House of Lords under those laws can give useful implications to the interpretations of Korean law. For this purpose, this paper summarizes the framework of the Regulations of the UK and analyzes the doctrines of case law under those Regulations. As a result, some implications from the experiences of the UK can be inferred and they might be useful to make possible amendment in the future and to interpretate Korean Irregular Employee Protection Act.

노동조합설립신고제도의 문제점과 대안의 모색

이승욱(Sung-wook Lee) 한국노동연구원 2010 노동정책연구 Vol.10 No.1

노동조합설립신고제도는 노동조합의 자주성과 민주성을 확보하는 것을 목적으로 하지만 설립신고를 담당하는 행정관청의 비전문성, 복수노조설립금지에 중점을 둔 제도의 운영 등으로 인해 제도의 목적을 달성하지 못하고 있다. 본고는 2010년 노조법 개정에 의한 사업장 내 복수노조설립 허용 등 제도적 환경의 변화, 제도의 전문성과 효율성 등을 감안하여 노동조합설립신고제도를 전면적으로 개선해야 할 필요성을 제기하고, 그 구체적인 대안을 제시하고 있다. 대안으로서는 노동조합등록제도와 노동조합지위심사제도를 생각할 수 있는데, 각 제도는 장단점이 있는 점을 고려하여 두 제도를 병용하여, 노동조합의 자주적 선택에 따라 노동조합의 지위를 확인받을 수 있도록 하는 것이 바람직하다고 제안하고 있다. Although the trade union registration system is originally designed for the independence and democracy of trade union, due to the inappropriateness of administrative authorities responsible for registration and administration practices focused on the ban of establishing multiple trade unions, it has failed to accomplish its purposes. In considering the institutional environment change followed by allowing multiple trade unions established in a company, and efficiency and specialty of managing trade union registration, it is necessary to fully redesign the trade union registration system to promote the independence of trade union. This paper proposes those who want to establish a trade union should have a choice between the permanent trade union registration system and the ad hoc investigation of trade union status system to confirm the legal status of trade union.

공무원단체교섭제도의 문제점과 개선방향

이승욱(Lee Sung-Wook) 서울대학교 노동법연구회 2008 노동법연구 Vol.0 No.25

기업별 복수노조와 교섭창구의 단일화

이승욱(Lee Sung-Wook) 한국노동법학회 2005 노동법학 Vol.0 No.21

단수노조와 교섭창구단일화절차

이승욱(Lee, Sung-Wook) 한국노동법학회 2015 노동법학 Vol.0 No.55

There are conflicting views about whether or not the bargaining agent determination process should be implemented even when a workplace has a single union situation. In order to decide on this issue, it is necessary to have a comprehensive consideration about the relationship between the bargaining agent determination system and the constitutional right to collective bargaining, the purpose and substance of bargaining agent determination process, the existing legal doctrines of the court about collective bargaining, and the overall structure and substance of “Trade Union and Labor Relations Adjustment Act”(hereinafter referred as “TULRAA”). As long as the trade union pluralism at the enterprise level stays allowed, it is appropriate to presuppose that plural union situation is the principle and single union situation is an exception at least in a normative view. Regardless of the reality, it should be premised that plural trade union situation could always normatively exist. The bargaining agent determination system in a broad sense under the existing law consists of two stages. First stage is to confirm the number of unions joined or established by workers within a single business or a workplace. If more than two unions are found to be organized at this stage, then the second stage of deciding which union will become the representative in a bargaining, the bargaining agent determination process, will be enforced. Confirming if there is only one union joined or established by workers within a business or a workplace is not exactly the bargaining agent determination process itself, but it is a prior stage that is integrally related to the determination process. Under the existing law, the process specified from Article 14.2 to Article 14.5 under Enforcement Decree of the TULRAA is the one and only way to figure out if related party is engaged in a single union situation or a plural union station. And this process does not put unreasonably excessive pressure on unions or employers. Nevertheless, if an employer and a random union proceeds with bargaining without going through the bargaining agent determination process, the bargaining representative right or expectations right of other unions would be infringed. The bargaining agent union’s representative right under the bargaining agent determination system, does not only provide the union with indirect, factual and economic interests. It allows the agent union to represent not only itself and its’ members but also other unions and their members, to go through collective bargaining or to sign collective agreements, all of which could be considered as legal benefits that are directly and specifically protected. Furthermore, the bargaining agent determination process that consists of the two stages should be interpreted as a mandatory provision. Since the existence of plural union could only be confirmed by Article 14.2 to Article 14.5 under Enforcement Decree of the TULRAA, a single union would infringe other unions’ bargaining representative right and expectations right if it does not follow the determination process. The single union also cannot become a lawful agent for collective bargaining or strike action unless it goes through the determination process.

노동법상 근로자ㆍ사용자 개념 확대를 둘러싼 쟁점과 입법적 과제

이승욱(Lee, Sung-Wook) 한국노동법학회 2014 노동법학 Vol.0 No.49

In recent years, as diversity in employment type proliferates, demands for amendment to labor law provisions which define the concept of employer and employee are being bought up. To study the validity of this argument, this paper begins with dividing the conditions where the concept of employer and employee matters in labor law into four categories. These are; first, the conditions where the question of so-called economically dependent contractor, who works in situations of which some of typical characteristics of traditional employer-employee relation (e.g. employer"s direct control and command over the employee) are dropped out, is an employee or not arises; second, the conditions where user company or principal company formally has direct control or direction over third party company"s employee while avoiding all or some of responsibilities in labor law, legally or illegally, like in dispatched or temporary agency employee, or in-site subcontracting employee of the subcontractor; third, the conditions where the parent company determines indirectly terms and conditions of employment of the subsidiary company in business groups but abdicates responsibilities of labor law by taking advantage of the difference in formal legal entity; fourth, the conditions where in the event of business changes, the prospect acquisition company has de facto influence on the terms and conditions of employment of employee in target company while taking absolutely no responsibility in labor law. This paper argues that it is impossible to solve legal problems that occur in these four conditions by amending the definition provisions of employer and employee in the Labor Standards Act and the Trade Unions and Labor Relations Adjustment Act. It is because when approaching the problems in this way, contradiction of other provisions in the Labor Standards Act and the Trade Unions and Labor Relations Adjustment Act occurs, which would result in inconsistency in other laws. To settle these problems reasonably, instead of amending employer and employee definition provisions of the Labor Standards Act and the Trade Unions and Labor Relations Adjustment Act, it is necessary to clearly distinguish between special issues of each category, and to seek separate solutions in accordance with each condition.

불법체류 외국인 근로자에 대한 노동법 적용의 원칙과 예외

이승욱(Lee, Sung-Wook) 한국노동법학회 2016 노동법학 Vol.0 No.58

The legal status of undocumented foreign workers in Korean Labor Law is defined by the two decisions from the Supreme Court of Korea. One is the Court’s decision in 1995 concerning the legal status in individual employment law, and the other is the en banc decision in 2015 about the legal issues in collective labor law. These two judgements, introduced 20 years apart from each other, have great significance as they set principles regarding the future application of Labor Law in both employment relations and labor relations of undocumented foreign workers. Further specific issues surrounding the application of labor law on undocumented foreign workers are expected to be developed based on these two Court decisions. Even though these cases deal with two different areas of labor law, individual employment relations and collective labor relations, their implications and contents are interrelated. The two decisions structurally influence each other, as the both take the same approach to the legal character and purpose of the Immigration Control Act to solve related issues, and as individual aspects and collective aspects of labor relations are inseparable. Despite the judgements that are remarkable in both theoretical and practical view, considerable legal disputes related to undocumented foreign workers still remain unsolved. This study briefly looks into the two rulings to suggest the direction of solution to various legal issues regarding undocumented foreign workers(II), and reviews distinctive characteristics of undocumented foreign workers’ labor relations(III). Then the paper reviews several important issues related to undocumented foreign workers that require changes in the labor law principles, based on the premise that the labor law’s prevalent doctrines should still be applied to the undocumented workers with the exceptional changes due to their temporariness and lack of possibility in continuous employment since they could get deported by their illegal immigration status(IV). Lastly, the study examines the limitation of the current legal system of Korea towards undocumented foreign workers(V).