공무원노조법의 내용과 과제 (The Contents and Issues of the Public Officials' Trade Union Act)

서지정보

· 발행기관 : 한국사회법학회
· 수록지 정보 : 사회법연구 / 8호 / 141 ~ 178페이지
· 저자명 : 이광택

초록

According to the ILO Committee on Freedom of Association, public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests [Digest of decisions and principles of the Freedom of Association Committee， Fifth edition， 2006, para. 219.} ThuS， public officials of all grades (Grade 5 or higher or Grade 6 or lower), are not excluded from the scope of freedom of association principles; on the contray， all public employees (with the sole possible exception of the armlεd forces and the police, by virtue of Article 9 of Convention No. 87) should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members [Digest, op. cit., para. 220}.
The exclusion found in Convention No. 151 with regard to policy decision-makers or high-ranking public officials relates to the issue of collective bargaining and not to the right to organize which should be guaranteed to 때1 public officials without distinction. Nevertheless, as concerns persons exercising senior managerial or policy-making responsibilities, the Committee eJφressed its opinion in J uly 2007 that while theses public servants might be barred from joining trade unions which represent other workers, such restrictions should be strictly limited to this category of workers and they should be entitled to establish their own organizations. It is not necessarily incompatible with the requirements of Article 2 of Convention No.
87 to deny. managerial or supervisory employees the right to belong to the same trade unions a other workers, on condition that two requirement are met: first, that such workers have the right to establish their own associations to defend their interests and, second, that the categories of such staff are not defined so broadly as to weaken the organizations of other workers in the enterprise or branch of activity by depriving them of a substantial proportion of their present or potential membership (Digest, op. cit., paras 253 and 247).
πle Committee further recalled that the functions exercised by firefighters do not justify their exclusion from the right to organize. They should therefore enjoy the right to organize. Prison staff should enjoy the right to organize. Finally, the denial of the right to orgalÌze to workers in the labour inspeaorate constitutes a violation of Article 2 of Convention No. 87 (Digest, op. cit., paras 231, 232 and 234.} The Committee therefore once again requested the Government to review the exclusions from the right to organize introduced in the P01UA as well as its Enforcement Decree so as to ensure that public servants at all grades, including those at Grades 7, 6, 5 or higher, regardless of their tasks or functions, including firefighters, prison guards, those working in education-related offices, local public service employees and labour inspectors, have the right to form their own associations so as to defend their interests.
With regard to section 1α1) of the P01UA, according to which provisions on matters stipulated by laws, bylaws or the budget or stipulated by authority delegated by laws or by-laws, shall not have binding effect when included in collective agreements, the αmmittee recalled that a distinction should be drawn between those public employees who are engaged in the administration of the State, who can be excluded from the scope of Convention No. 98 on the basis of Article 6, and those who are not engaged in the administration of the State and who should enjoy collective bargaining rights in accordance with Article 4 of Convention No. 98.
With regard to the POπJA and its Enforcement Decree the Committee requested further measures aimed at ensuring that the rights of public employees are fully guaranteed by: (i) ensuring that public servants at all grades without exception and regardless of their tasks or functions, have the right to form their own associations to defend their interests ; (ü) guaranteeing the right of firefighters, p디son guards, public service workers in education-related offices, local public service employees and labour inspectors to establish and join organizations of their own choosing; (iii) limiting any restrictions of the right to strike to public servants exercising authority in the name of the State and essential services in the strict sense of the term; (i띠allowing the negotiating parties to determine on their own the issue of whether trade union activity by full-time union officials should be treated as unpaid leave.
The Committee requested the Government further to ensure that the following principles are respected in the framework of the application of the POTUA : (i) that in the case of negotiations with trade unions of public servants who are not engaged in the administration of the State, the autonomy of the bargaining parties is fully guaranteed and the reservation of budgetary powers to the legislative authority does not have the effect of preventing compliance with collective agreements; more generally, as regards negotiations on matters for which budgetary restrictions pertain, to ensure that a significant rolε is given to collective bargaining and that agreεments are negotiated and implemented in good faith; (ii) that the consequences of policy and management decisions as they relate to the conditions of employment of f>ublic employees arlε not excluded from negotiations with public employees" trade unions; (iii) that public officials’ trade unions have the possibility to express their views publicly on the wider εcononuc 뻐d social policy questions which have a direct impact on their members' interests, noting though that strikes of a purely political nature do not f에1 within the protection of Conventions Nos 87 and 98.
While noting that thε Korean Government Employees' Union(KGEU) has refused to register under the relevant Act because it considers it not to be in line with freedom of association principles, the Committee expresses deep regret at the gravity of the allegations involving serious acts of extensive interference in the activities of the KGEU and requests the Government to immediately cease all acts of interference, in particular the forced closure of KGEU offices nationwide, the unilateral discontinuance of the check-off facility, the disallowance of collective bargaining, the pressure on KGEU members to resign from the union as well as administrative and financial sanctions against local governments which fail to comply with the Government"s directive. lt further calls upon the Government to abandon these directives and to take all possible measures with a view to achieving conciliation between the Government and the KGEU so that the latter may continue to exist and ultimately to register within the framework of the legislation which should be in line with freedom of association principles.
Finally, it is to be noted that the Committee reminded the Government of its commitment to ratify Conventions Nos 87 때d 98 made to the lLO high-level tripartite mission which visited the country in 1998 and reported to the Governing Body in March 1998.

영어초록

According to the ILO Committee on Freedom of Association, public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests [Digest of decisions and principles of the Freedom of Association Committee， Fifth edition， 2006, para. 219.} ThuS， public officials of all grades (Grade 5 or higher or Grade 6 or lower), are not excluded from the scope of freedom of association principles; on the contray， all public employees (with the sole possible exception of the armlεd forces and the police, by virtue of Article 9 of Convention No. 87) should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members [Digest, op. cit., para. 220}.
The exclusion found in Convention No. 151 with regard to policy decision-makers or high-ranking public officials relates to the issue of collective bargaining and not to the right to organize which should be guaranteed to 때1 public officials without distinction. Nevertheless, as concerns persons exercising senior managerial or policy-making responsibilities, the Committee eJφressed its opinion in J uly 2007 that while theses public servants might be barred from joining trade unions which represent other workers, such restrictions should be strictly limited to this category of workers and they should be entitled to establish their own organizations. It is not necessarily incompatible with the requirements of Article 2 of Convention No.
87 to deny. managerial or supervisory employees the right to belong to the same trade unions a other workers, on condition that two requirement are met: first, that such workers have the right to establish their own associations to defend their interests and, second, that the categories of such staff are not defined so broadly as to weaken the organizations of other workers in the enterprise or branch of activity by depriving them of a substantial proportion of their present or potential membership (Digest, op. cit., paras 253 and 247).
πle Committee further recalled that the functions exercised by firefighters do not justify their exclusion from the right to organize. They should therefore enjoy the right to organize. Prison staff should enjoy the right to organize. Finally, the denial of the right to orgalÌze to workers in the labour inspeaorate constitutes a violation of Article 2 of Convention No. 87 (Digest, op. cit., paras 231, 232 and 234.} The Committee therefore once again requested the Government to review the exclusions from the right to organize introduced in the P01UA as well as its Enforcement Decree so as to ensure that public servants at all grades, including those at Grades 7, 6, 5 or higher, regardless of their tasks or functions, including firefighters, prison guards, those working in education-related offices, local public service employees and labour inspectors, have the right to form their own associations so as to defend their interests.
With regard to section 1α1) of the P01UA, according to which provisions on matters stipulated by laws, bylaws or the budget or stipulated by authority delegated by laws or by-laws, shall not have binding effect when included in collective agreements, the αmmittee recalled that a distinction should be drawn between those public employees who are engaged in the administration of the State, who can be excluded from the scope of Convention No. 98 on the basis of Article 6, and those who are not engaged in the administration of the State and who should enjoy collective bargaining rights in accordance with Article 4 of Convention No. 98.
With regard to the POπJA and its Enforcement Decree the Committee requested further measures aimed at ensuring that the rights of public employees are fully guaranteed by: (i) ensuring that public servants at all grades without exception and regardless of their tasks or functions, have the right to form their own associations to defend their interests ; (ü) guaranteeing the right of firefighters, p디son guards, public service workers in education-related offices, local public service employees and labour inspectors to establish and join organizations of their own choosing; (iii) limiting any restrictions of the right to strike to public servants exercising authority in the name of the State and essential services in the strict sense of the term; (i띠allowing the negotiating parties to determine on their own the issue of whether trade union activity by full-time union officials should be treated as unpaid leave.
The Committee requested the Government further to ensure that the following principles are respected in the framework of the application of the POTUA : (i) that in the case of negotiations with trade unions of public servants who are not engaged in the administration of the State, the autonomy of the bargaining parties is fully guaranteed and the reservation of budgetary powers to the legislative authority does not have the effect of preventing compliance with collective agreements; more generally, as regards negotiations on matters for which budgetary restrictions pertain, to ensure that a significant rolε is given to collective bargaining and that agreεments are negotiated and implemented in good faith; (ii) that the consequences of policy and management decisions as they relate to the conditions of employment of f>ublic employees arlε not excluded from negotiations with public employees" trade unions; (iii) that public officials’ trade unions have the possibility to express their views publicly on the wider εcononuc 뻐d social policy questions which have a direct impact on their members' interests, noting though that strikes of a purely political nature do not f에1 within the protection of Conventions Nos 87 and 98.
While noting that thε Korean Government Employees' Union(KGEU) has refused to register under the relevant Act because it considers it not to be in line with freedom of association principles, the Committee expresses deep regret at the gravity of the allegations involving serious acts of extensive interference in the activities of the KGEU and requests the Government to immediately cease all acts of interference, in particular the forced closure of KGEU offices nationwide, the unilateral discontinuance of the check-off facility, the disallowance of collective bargaining, the pressure on KGEU members to resign from the union as well as administrative and financial sanctions against local governments which fail to comply with the Government"s directive. lt further calls upon the Government to abandon these directives and to take all possible measures with a view to achieving conciliation between the Government and the KGEU so that the latter may continue to exist and ultimately to register within the framework of the legislation which should be in line with freedom of association principles.
Finally, it is to be noted that the Committee reminded the Government of its commitment to ratify Conventions Nos 87 때d 98 made to the lLO high-level tripartite mission which visited the country in 1998 and reported to the Governing Body in March 1998.

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