개별적 근로관계법상 근로자대표제의 법적 고찰

In Korea, a labor-management agreement(or a written agreement between the employer and a majority union or a representative of a majority of employees) is a common requirement for the relaxed forms of working-hours controls based on the labor standard act. And the workers' representative also is subject of negotiation for managerial dismissal. A majority union is not suitable to function for the subject of regulation on individual labor relations. And this causes the confusion of individual labor and collective labor laws. Actually the workers' representative is substituted with employee representatives which constitute labor-management council established by the Act of the Promotion of Workers Participation and Cooperation. But the election unit, election procedure, position guarantee regulation, and restriction on the eligibility for employee representatives should be settled or amended for the real representation. Legal effect of a written agreement between the employer and a majority union or a representative of a majority of employees can be discussed according to the purpose of each regulation issued. From the viewpoint of long-term, the workers' representation system needs to have permanent facilities which enable to discuss general problems democratically.