노동조합의 민주성과 재정운영의 투명성

Labor union, as legally recognized social association, should be allowed to govern oneself in legal system as possible. However, labor union is the collective organization that could violate its own members, employees, and conflict with the public interest. So, it is important issue whether legal system could govern the internal administration of labor union, if so do, what extent is legally possible. Recently, as a legitimate association, labor union is required to constitute the internal administration based on democratic procedure as well as the independence. Internal administration of labor union need to constitute the procedures with democracy in justification of its authority and the procedure could be controlled by the legal system. Democratic procedures are desired for not only the state, but also labor union as a autonomy entity. The right to self-organization and to join labor union, as constitutional right, is the civil liberty of the union itself as well as its members. Then, democracy in labor union can be understood as legal conception that could prevent the minority in power from exclusively dominating over the decision making of labor union. Democratic procedure should be based on the constitution and bylaws, the structure and organization, and the legal status of its members of the association. It is constituted with ① decision making by general assembly and board of delegations, ② bottom up decision making process, ③ allowing manifold clubs and interest groups to be formed, ④ guaranteeing the right to access to the information, ⑤ protecting the right of individuals and the minority, ⑥ establishing the internal check and balance system and the division of jurisdiction among each executives ⑦ guaranteeing the election with democratic process. Above all, this article take focus on the self-imposed control machinery of labor union as a internal system, which could need somewhat administrative and judicial review. According to our Labor Relations Act, labor union should periodically audit accounts by an auditor and the result should open to the public. Furthermore, labor union should present the audit report and the statement of administration. It make supervision of governmental authority possible for the internal administration of labor union. However, there are many issues, for example, legal status and election, legal qualifications, authority of the auditor outside the regulation. And the act don't contain provisions regulating the performance audit of internal affairs, in fact, it have reserved for the self-government with collective agreement. This discuss whether such provisions could be enough to guarantee the right of members in the financial procedure and satisfy with the constitutional and legal reservation granting self-government.