공무원노조법상 단체교섭권 제한의 해석적 한계 ― 국제노동기준과 헌법의 조화적 해석을 위한 시론 ― (Limits to interpretation of legal restrictions on collective bargaining for public officials)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 90호 / 143 ~ 178페이지
· 저자명 : 박주영

초록

It has been two years since ILO Conventions 87 and 98, which the Korean government ratified in 2021, came into force in April 2022. The ILO has consistently recommended that the government guarantee the right to organize, the right to collective bargaining and the right to strike for public officials and teachers. This requires not only significant legislative improvements, but also a proactive approach to harmonising the domestic normative environment with international labour standards through normative-harmonious interpretation. However, in 2023, the Korean government conducted a full investigation of collective agreements in the public sector, including Public officials, and ordered a large-scale revision of collective agreements. More than 99 percent of these administrative interventions were based on Article 8(1) and Article 10(1) of the Act on Public Officials’ Trade Unions, which the ILO has repeatedly recommended for amendment. Rather than making efforts to implement domestic law after ratifying the ILO Conventions, the Korean government has undermined stable labour relations through administrative interventions that are in direct contradiction to the ILO's recommendations. In such a situation, it is of utmost importance to respect international labour standards that have the force of domestic law and to interpret domestic laws in accordance with the interpretative standards of the ILO.
This article attempts to provide a concrete interpretive basis to reconcile the Act on Public Officials’ Trade Unions with the interpretive standards of the International Labour Organization, which requires that, despite the restrictions on the fundamental labour rights of public officials under the Act, at least the principle of guaranteeing the right to organize and collective bargaining should be clarified, and that exceptions to the restrictions should clarify the purpose of the restriction and the essential limits of the unavoidable reasons for the restriction. This article also examines the provisions of the public officials’ collective agreement subject to the order to ensure that administrative intervention in collective agreements is not abused beyond the interpretive limits of the Act on Public Officials’ Trade Unions.

영어초록

It has been two years since ILO Conventions 87 and 98, which the Korean government ratified in 2021, came into force in April 2022. The ILO has consistently recommended that the government guarantee the right to organize, the right to collective bargaining and the right to strike for public officials and teachers. This requires not only significant legislative improvements, but also a proactive approach to harmonising the domestic normative environment with international labour standards through normative-harmonious interpretation. However, in 2023, the Korean government conducted a full investigation of collective agreements in the public sector, including Public officials, and ordered a large-scale revision of collective agreements. More than 99 percent of these administrative interventions were based on Article 8(1) and Article 10(1) of the Act on Public Officials’ Trade Unions, which the ILO has repeatedly recommended for amendment. Rather than making efforts to implement domestic law after ratifying the ILO Conventions, the Korean government has undermined stable labour relations through administrative interventions that are in direct contradiction to the ILO's recommendations. In such a situation, it is of utmost importance to respect international labour standards that have the force of domestic law and to interpret domestic laws in accordance with the interpretative standards of the ILO.
This article attempts to provide a concrete interpretive basis to reconcile the Act on Public Officials’ Trade Unions with the interpretive standards of the International Labour Organization, which requires that, despite the restrictions on the fundamental labour rights of public officials under the Act, at least the principle of guaranteeing the right to organize and collective bargaining should be clarified, and that exceptions to the restrictions should clarify the purpose of the restriction and the essential limits of the unavoidable reasons for the restriction. This article also examines the provisions of the public officials’ collective agreement subject to the order to ensure that administrative intervention in collective agreements is not abused beyond the interpretive limits of the Act on Public Officials’ Trade Unions.

참고자료

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