노동법상 근로자대표제도에 관한 법적 검토 (Legal Review on the Labor Representative System under the Labor Act)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 32호 / 59 ~ 97페이지
· 저자명 : 박소민

초록

Under the labor law, the majority representative system is adopted by labor unions and legislation as a dual system of representatives of workers.
In particular, the labor union which determines and forms uniform and collective working conditions for the workers as its members based on Article 33 of the Constitution is a traditional participating agent in determining working conditions collectively.
Recently, the organization rate of labor unions has decreased, increasing the importance of representatives of workers, with many non-labor union workplaces accounting for a large number of them. Representatives of workers play a significant role in directly influencing the process of determining working conditions related to a group of workers, although the function of setting working conditions is not itself. Nevertheless, there are no legal mechanisms in place to regulate the selection process, methods, status and activity guarantees of workers' representatives, which have prevented the labor representative system from functioning.
Considering the problems of overseas legislative precedents and the Economic, Social & Labor Council agreements, it is necessary to overhaul the labor representative system in the form of representing various workers on the premise of election procedures and guarantees of status and activities.
Considering that corporate unions are still the main form of labor unions, how to coordinate relationships with corporate unions that exist in corporate units will be an important challenge when overhauling the labor representation system. First of all, if a labor union is in charge of the function of a worker's representative, it should be mandatory to listen to the opinions of all workers, including non-union members. If a representative of the workers is elected, multiple members shall be elected in consideration of the size of the workers to ensure diversity in the composition of the members. Future legislation will require the introduction of a labor representation system at the corporate level to ensure democracy in election process and operation, independence from employer and equivalence to employer, permanent and sustainability as representative agencies.

영어초록

Under the labor law, the majority representative system is adopted by labor unions and legislation as a dual system of representatives of workers.
In particular, the labor union which determines and forms uniform and collective working conditions for the workers as its members based on Article 33 of the Constitution is a traditional participating agent in determining working conditions collectively.
Recently, the organization rate of labor unions has decreased, increasing the importance of representatives of workers, with many non-labor union workplaces accounting for a large number of them. Representatives of workers play a significant role in directly influencing the process of determining working conditions related to a group of workers, although the function of setting working conditions is not itself. Nevertheless, there are no legal mechanisms in place to regulate the selection process, methods, status and activity guarantees of workers' representatives, which have prevented the labor representative system from functioning.
Considering the problems of overseas legislative precedents and the Economic, Social & Labor Council agreements, it is necessary to overhaul the labor representative system in the form of representing various workers on the premise of election procedures and guarantees of status and activities.
Considering that corporate unions are still the main form of labor unions, how to coordinate relationships with corporate unions that exist in corporate units will be an important challenge when overhauling the labor representation system. First of all, if a labor union is in charge of the function of a worker's representative, it should be mandatory to listen to the opinions of all workers, including non-union members. If a representative of the workers is elected, multiple members shall be elected in consideration of the size of the workers to ensure diversity in the composition of the members. Future legislation will require the introduction of a labor representation system at the corporate level to ensure democracy in election process and operation, independence from employer and equivalence to employer, permanent and sustainability as representative agencies.

참고자료

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