단체협약 해지에 관한 법리

다국어 초록 (Multilingual Abstract)

This article examined on the termination of collective agreements in three perspectives.
(1) First, vested right of termination of collective agreements by Article 32, Subparagraph 3, Proviso in Trade Union and Labor Relations Adjustment Act(TULRAA). Art. 32, Subpar. 3, Proviso of TULRAA : “If no conclusion is made on a new collective agreement after the expiration of the extended effective term, the existing agreement shall be applicable only if the existing agreement specifically provides that it shall remain in effect until a new collective agreement is concluded, provided, however, that any one party concerned may terminate the collective agreement by giving notice to the other party six months in advance.” This provision is newly prescribed by law in March 13, 1997 and latest terminations of collective agreements are done by this provision. In fact, this termination of collective agreements brought about side-effects in shrinking trade union activity, being discrepant on the regulative intention. For requisites of the termination of collective agreements, this provision prescribed automatic extension clause only. This article examined the possibility of interpretation of the provision according to the regulative intention, and tried to find a legislative improvement.
(2) Second, termination of collective agreements by the doctrine of fundamental change of circumstances(clausula rebus sic stantibus). Termination of collective agreements by the doctrine of fundamental change of circumstances means modification of collective agreements by a sudden socio-economic change. So, the main contents of modification of collective agreements is purpose of changing the clause which prescribed ‘the standards concerning working conditions and other treatment of workers’. The legal requisite for the application of the doctrine of fundamental change of circumstances is given concrete form.
(3) Nonfulfillment and violation of collective agreements, etc. Generally agreed that termination of collective agreements by any party to the collective agreements should be authorized in extremely exceptional circumstances. But in extremely exceptional circumstances - in case of nonfulfillment or violation threatening to the significance of existence of collective agreements - this article argues that collective agreements should not be terminated. In case of serious nonfulfillment and violation, according to that nonfulfillment and violation, bearing the legal liability(civil obligation and criminally punish)is sufficient. In valid term of collective agreements, this article argues that any party to the collective agreements should not be making disorder by termination of collective agreements.
This article examined the requisite and limitation of the rights of termination, according to the different nature. Termination of collective agreements is recent happenings. Therefore the academic world have not treated this theme mainly and there are no research accomplishments. Hereafter, this article is expected to be basic research which is providing the starting point in this research theme.