일본 공무원노조의 단결권제도와 시사점

The purpose of this paper is to review Japanese public officials' trade union system and to propose the institutional remedy of Korean public officials' trade union system focused on the right to organize the union. The organizing unit of Korean public officials' trade union is restricted. With the following organizing units, the trade union can be established : the National Assembly, Courts, the Constitutional Court, the National Election Commission, the Administration, local governments and local education offices of special metropolitan city, metropolitan city and province. So the branch trade union less than this organizing units could not have the right of collective bargaining. Referring to the qualification of trade union member, only public official can be the member. But this can be the point at issue from the point of freedom of association. In Japan the director of public officials' trade union can be elected from non-public official in accordance with international standard. In Korea the several categories of public officials are restricted from joining a trade union due to the nature of their job or grade. The concrete standard on this matter is prescribed by the Presidential Decree. However the concrete basis should be made by neutral organization. In Japan it is settled by the labor commissions. And the substantial criteria about the scope of restriction should be made from the view point of independence of trade union and the special character of public officials. So the standard of restricted public officials should be made as following: the public officials at the supervisory post having access to confidential information relating to the government's labor relations plans and policies so that their official duties and obligations directly conflict with their loyalties and obligations as members of the union concerned.