산별노조 임원 등 조합원의 개별 사업장 출입에 관한 법적 문제 (Legal issues regarding entry to workplaces of members and officers of industrial trade union)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 72호 / 1 ~ 47페이지
· 저자명 : 박귀천, 권오성

초록

With the transition to an industrial trade union system since the 1990s in Korea, it has been a critical issue whether the officers of the industrial unions have the right to enter or access the workplace of the enterprises who employ the members of the unions. This article reviews whether the officers of the industrial trade unions could enter a workplace of the enterprises.
The workers have the right to receive the necessary information from the trade union. In order to guarantee this right, the access of the union officers to the workplace should be allowed. Therefore, the idea that the officers of the industrial trade union are not allowed to enter an individual company's workplace because he is not the employee of the company is hard to agree with.
It is necessary to accept that the union officers have the right to enter the workplace of the enterprises who employ the members of the union. However, such right to entry would require certain restrictions to be harmonized with the employer's ownership. After all, this is a question of how to set standards for allowing entry to individual workplace for the industrial trade union’s officers. It will be necessary to find an appropriate balance between the right of trade unions to represent them in a workplace, the right of workers to receive information and statements from trade unions in a workplace, and the right of employer to conduct business without undue interference.

영어초록

With the transition to an industrial trade union system since the 1990s in Korea, it has been a critical issue whether the officers of the industrial unions have the right to enter or access the workplace of the enterprises who employ the members of the unions. This article reviews whether the officers of the industrial trade unions could enter a workplace of the enterprises.
The workers have the right to receive the necessary information from the trade union. In order to guarantee this right, the access of the union officers to the workplace should be allowed. Therefore, the idea that the officers of the industrial trade union are not allowed to enter an individual company's workplace because he is not the employee of the company is hard to agree with.
It is necessary to accept that the union officers have the right to enter the workplace of the enterprises who employ the members of the union. However, such right to entry would require certain restrictions to be harmonized with the employer's ownership. After all, this is a question of how to set standards for allowing entry to individual workplace for the industrial trade union’s officers. It will be necessary to find an appropriate balance between the right of trade unions to represent them in a workplace, the right of workers to receive information and statements from trade unions in a workplace, and the right of employer to conduct business without undue interference.

참고자료

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