노동법과 교섭

다국어 초록 (Multilingual Abstract)

During the last fifty years in America, legal principles have been developed requiring certain types of bargaining behavior from parties negotiating in good faith. These principles, established through the legal system under American federal labor law, fit within the theoretical structure of negotiation as developed by social scientists. Labor law requires conduct of good faith bargaining, fundamental for all negotiation.<br/>
Attachment to these procedural guidelines has been proven not only a theoretically sound practice for effective bargaining, but also a practically effective means for negotiation. Labor and management negotiations work within these structures, arriving at mutually agreeable collective bargaining contracts. There is no evidence to suggest that the utilization of these procedural guidelines by negotiators involved in other types of bargaining would not similarly lead to desirable results.<br/>
Communication, trust, and information are essential elements of any negotiation. The procedures developed under the American National Labor Relations Act enhance communication through requiring in-person meetings of sufficient length with negotiators of sufficient authority to discuss and agree, create trust by requiring good faith, open-mindedness, and compliance with commitments, and facilitate the exchange of information.<br/>
Observance of the procedural rules by all negotiators will promote effective and efficient negotiation. Therefore Korean labor law should develop such procedural guidelines for effective and desirable negotiation.