공무원 노동관계에서 노동쟁의에 대한 조정(調停) (Mediation as to Industrial Disputes in the Labor Relations of Public Officials)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 26호 / 63 ~ 96페이지
· 저자명 : 김홍영

초록

In Korea, the public officials' unions are legalized on the Public Officials' Unions Act (that is named as “the Act on the establishment and operation, etc. of public officials' trade unions”). The public officials' unions shall have the rights to bargain and conclude collective agreements with the government's negotiating representative. But the public officials' union and its members shall be prohibited to take any industrial action, for example, strike. The other side, the labor relations commission shall conduct mediation or arbitration as to industrial disputes.
In this article I examine closely the mediation as to industrial disputes in the labor relations of public officials, in regard to organization, commencement condition, objects, process and other issues involving that mediation.
I investigate the provisions of the Public Officials' Unions Act and other related acts as to the topics.
The Labor Relations Adjustment Commission for Public Officials(LRACPO), which is established within the National Labor Relations Commission(NLRC), mediates industrial disputes in the labor relations of public officials. If collective negotiations break down, either or both of the parties concerned may apply for mediation to the commission, and then the commission shall commence mediation.
The commission may prepare a mediation proposal, present the proposal to the parties concerned, and recommend them to accept the proposal. If the parties have accepted the mediation proposal, a mediated agreement in writing shall be prepared and singed by the commission members together with the parties concerned. The contents of the mediated agrement shall have the same effect as a collective agreement.
In case a dispute is not resolved through the mediation and a decision is made to refer the dispute to arbitration at a plenary meeting of the LRACPO, the commission shall conduct arbitration (that is called as compulsory arbitration).
And I suggest some improvement plans that make the mediation system be effective and best used. That suggestions are as follows:
(1) For the reforms of organization of the LRACPO, as to appointment process of the commission members, it should be adapted hearing of unions and governments before entrusting the members, or approval/hearing of the National Assembly. As well as, with decentralization to the regional labor relations commissions, a industrial dispute, that comes form with a regional government, shall be handled by the regional labor relations commission.
(2) It should be necessary that the labor relations commission make its efforts to assist the parties ahead of formal mediation, to mediate objects of the dispute widely and broadly, and to develop and train good skills for professionalism.
(3) Many means should be adopted to resolve various or diverse disputes, that includes adversary, conciliation and fact-finding beyond or ahead of formal mediation.
(4) The compulsory arbitration referred by the commission should be abolished. Instead either of the parties concerned might alone apply for arbitration to the commission. So the parties could freely apply for mediation not to fear the compulsory arbitration.

영어초록

In Korea, the public officials' unions are legalized on the Public Officials' Unions Act (that is named as “the Act on the establishment and operation, etc. of public officials' trade unions”). The public officials' unions shall have the rights to bargain and conclude collective agreements with the government's negotiating representative. But the public officials' union and its members shall be prohibited to take any industrial action, for example, strike. The other side, the labor relations commission shall conduct mediation or arbitration as to industrial disputes.
In this article I examine closely the mediation as to industrial disputes in the labor relations of public officials, in regard to organization, commencement condition, objects, process and other issues involving that mediation.
I investigate the provisions of the Public Officials' Unions Act and other related acts as to the topics.
The Labor Relations Adjustment Commission for Public Officials(LRACPO), which is established within the National Labor Relations Commission(NLRC), mediates industrial disputes in the labor relations of public officials. If collective negotiations break down, either or both of the parties concerned may apply for mediation to the commission, and then the commission shall commence mediation.
The commission may prepare a mediation proposal, present the proposal to the parties concerned, and recommend them to accept the proposal. If the parties have accepted the mediation proposal, a mediated agreement in writing shall be prepared and singed by the commission members together with the parties concerned. The contents of the mediated agrement shall have the same effect as a collective agreement.
In case a dispute is not resolved through the mediation and a decision is made to refer the dispute to arbitration at a plenary meeting of the LRACPO, the commission shall conduct arbitration (that is called as compulsory arbitration).
And I suggest some improvement plans that make the mediation system be effective and best used. That suggestions are as follows:
(1) For the reforms of organization of the LRACPO, as to appointment process of the commission members, it should be adapted hearing of unions and governments before entrusting the members, or approval/hearing of the National Assembly. As well as, with decentralization to the regional labor relations commissions, a industrial dispute, that comes form with a regional government, shall be handled by the regional labor relations commission.
(2) It should be necessary that the labor relations commission make its efforts to assist the parties ahead of formal mediation, to mediate objects of the dispute widely and broadly, and to develop and train good skills for professionalism.
(3) Many means should be adopted to resolve various or diverse disputes, that includes adversary, conciliation and fact-finding beyond or ahead of formal mediation.
(4) The compulsory arbitration referred by the commission should be abolished. Instead either of the parties concerned might alone apply for arbitration to the commission. So the parties could freely apply for mediation not to fear the compulsory arbitration.

참고자료

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