최근 공무원 노사관계의 법적 쟁점과 과제 (Some legal issues and problems raised recently between the Government Employees Union and the Government)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 36호 / 59 ~ 83페이지
· 저자명 : 김인재

초록

It is nearly five years since the Government Employees Union Act was enacted and enforced in Korea. Despite of the expectation and interest of many people, unfortunately, it seems that the labor relations between the government employees unions and the government are recently conflicting since the present government has been officially launched. The reason seems to be that the Government Employees Union Act was insufficient to guarantee the government employees' basic labor rights and/or the present government is implementing the policies to exclude the government employees unions.
Because the Act prohibits many government employees, for example, the discharged government employees and the managerial officials from joining the labor union, restricts excessively the matters to bargain collectively for their unions, and bans entirely the collective action of union, there are many limits to what the government employees union can organize the government employees and bargain with the government in substance.
And, since the present government has been officially launched, the government departments, i.e. the Ministry of Pubic Administration and Security and the Ministry of Labor restricted repeatedly to organize and to join the union, canceled the establishment of labor union and the collective agreements by reason of the violation of the Act. Also the Court and the Constitutional Court recognized mostly the measures or decisions of the governments departments on the reason that the National Assembly and the government department should have discretion in the legislation and its enforcement.
In conclusion, in order to guarantee sufficiently the freedom of association and the right to organize expression of the government employees, the Act should be amended with no limits to what they might fully organize and join the union, and bargain collectively and take collective action for themselves and their members.

영어초록

It is nearly five years since the Government Employees Union Act was enacted and enforced in Korea. Despite of the expectation and interest of many people, unfortunately, it seems that the labor relations between the government employees unions and the government are recently conflicting since the present government has been officially launched. The reason seems to be that the Government Employees Union Act was insufficient to guarantee the government employees' basic labor rights and/or the present government is implementing the policies to exclude the government employees unions.
Because the Act prohibits many government employees, for example, the discharged government employees and the managerial officials from joining the labor union, restricts excessively the matters to bargain collectively for their unions, and bans entirely the collective action of union, there are many limits to what the government employees union can organize the government employees and bargain with the government in substance.
And, since the present government has been officially launched, the government departments, i.e. the Ministry of Pubic Administration and Security and the Ministry of Labor restricted repeatedly to organize and to join the union, canceled the establishment of labor union and the collective agreements by reason of the violation of the Act. Also the Court and the Constitutional Court recognized mostly the measures or decisions of the governments departments on the reason that the National Assembly and the government department should have discretion in the legislation and its enforcement.
In conclusion, in order to guarantee sufficiently the freedom of association and the right to organize expression of the government employees, the Act should be amended with no limits to what they might fully organize and join the union, and bargain collectively and take collective action for themselves and their members.

참고자료

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