노동조합의 법적 지위와 조합민주주의에 대한 제언

다국어 초록 (Multilingual Abstract)

I intended to make my suggestions in this article with regard to a legal status of a collective bargaining representative union, an union democracy, and amendment of the Labor Union and Labor Relations Adjustment Act(LULRAA).
Conclusions are as follows:
First it is that a role of the representative union should be especially increased, extended to some extent of resolving individual disputes of labor relations. Under present labor statutes that very respect or protect an union lawfully established, I suggest that, if it is not against intension of an union member concerned, the representative union should also perform a positive role, by amendment of the Labor Standard Act(LSA) etc., in resolving of the individual disputes arising from between an employee independent of whether one is an union member or not and its employer. Even though the union is now, of course, able to take the role through a collective agreement, it may conflict with an individual dispute resolving system by the Labor Commission under the LSA.
Second a duty of fair representation should be redressed. The DFR system is no more than prohibition of discrimination between a member of one union and a member of another union, or among unions that participated in the proceeding of election of an exclusive collective bargaining representative union. So I suggest that the representative union should take the DFR against all employees within its bargaining unit like U.S.A.
Finally the LULRAA should be also amended, or interpreted and operated to protect or defer a substantial freedom of association, an union autonomy, a right to strike, and an expertise of the Labor Commission etc.

목차 (Table of Contents)

• I. 제언배경
• II. 노동조합의 적극적 보호
• III. 노동조합의 자치 및 역할의 한계
• IV. 결론에 대신하여
• 참고문헌
• Abstract