比較法的 관점에서 본 공무원노조의 정치활동 (Political Activities of Public Servants Labor Union from the Comparative Legal Analysis Angle)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 20권 / 265 ~ 304페이지
· 저자명 : 유각근

초록

The issue is how to guarantee the three basic labor rights for the public servants while harmonizing the public servants’ political neutrality and political basic rights specified in the constitution and Public Servants’ Labor Act. The problem is how to handle the political activities of the public servants, according to what basis. Such question has long been discussed even in other countries, and there has a degree of restrictions on the political activities of public servants, affiliating it with public interest rather than the rights as a laborer in a number of countries.
Generally, “political activities” refer to the participation of members of the society in indirect or direct manner in decision making of public policies such as casting votes, participating in rallies and joining a political party of their own accord. Whether such political activities conventionally recognized as the union activities to the public servant labor union or the public servants who are union members.
Recently political supports of some union members of Public Servants Labor Union (including teachers) have been raised as a social issue. In response to the state of affairs declaration by The Korean Teachers & Education Workers Union, each district court is giving different rulings. The existing National Public Service Law(including regional public service regulations) and Public Servants’ Labor Act(including Teachers Labor Law) place restrictions on the political activities of public servants, but the scope of restrictions and details are not clear, causing social commotions. Here it intends to examine the definite range and limitations for the political activities of the public servant labor union in Korea in the future, with the understanding that the contents and range of the political neutrality of the public servants labor union in reality based on these situations domestic and overseas. Namely, rather than focusing on the policies on the political activities of public servants labor union and public servants, it intends to see what specific basis for the policies and measures for security, by examining the provisions of the related laws in the countries, such as America, Korea, Japan and Germany, respectively and propose implications in relation to enactment and amendment to our legislations.

영어초록

The issue is how to guarantee the three basic labor rights for the public servants while harmonizing the public servants’ political neutrality and political basic rights specified in the constitution and Public Servants’ Labor Act. The problem is how to handle the political activities of the public servants, according to what basis. Such question has long been discussed even in other countries, and there has a degree of restrictions on the political activities of public servants, affiliating it with public interest rather than the rights as a laborer in a number of countries.
Generally, “political activities” refer to the participation of members of the society in indirect or direct manner in decision making of public policies such as casting votes, participating in rallies and joining a political party of their own accord. Whether such political activities conventionally recognized as the union activities to the public servant labor union or the public servants who are union members.
Recently political supports of some union members of Public Servants Labor Union (including teachers) have been raised as a social issue. In response to the state of affairs declaration by The Korean Teachers & Education Workers Union, each district court is giving different rulings. The existing National Public Service Law(including regional public service regulations) and Public Servants’ Labor Act(including Teachers Labor Law) place restrictions on the political activities of public servants, but the scope of restrictions and details are not clear, causing social commotions. Here it intends to examine the definite range and limitations for the political activities of the public servant labor union in Korea in the future, with the understanding that the contents and range of the political neutrality of the public servants labor union in reality based on these situations domestic and overseas. Namely, rather than focusing on the policies on the political activities of public servants labor union and public servants, it intends to see what specific basis for the policies and measures for security, by examining the provisions of the related laws in the countries, such as America, Korea, Japan and Germany, respectively and propose implications in relation to enactment and amendment to our legislations.

참고자료

· 없음