분쟁 해결 도구로서의 사회협약의 함의 - 울산지역 건설플랜트노조 파업의 경우

The social pact at territorial level is understood as meso corporatism, especially in the perspective of strategic choice. In the context of the case of Ulsan Construction Plant Union, the Join Conference can be considered as the limited apparatus of social concertation and the written agreement of the Join Conference can be regarded as the social pact, even though it fell short of the standard. The limitations of the agreement as a kind of social pact at territorial level were the qualifications for a representative of subcontract and contract companies, concreteness and postponed issues of the agreement and legal binding force. However, the agreement of the Joint Conference had significant meanings to the problems of atypical workers' unions. It was the first social pact at territorial level in Korea and dealt with problems of atypical workers' unions. Local NGOs played an important role in the agreement. The social pact at territorial level would be considered to be useful to solve the problems of atypical workers' unions. Even on the early stage, the social pact at territorial level in relation to the problems of atypical workers' unions is expected to continue for a while considering the industrial relations in Korea. So the social pact could be considered as a tool of dispute adjustment, so-called alternative dispute resolution. It may be desirable to try to settle disputes by ways other than decisions of the court even when the labor tribunal is introduced. The pre-trial arbitration procedure in the tribunal will be needed for the settlement, but which organization will take charge of the process is an open question. It is possible to let the tribunal and the committees well cooperate and the committees take the pre-trial arbitration procedure by actively referring to the British system. As to the problems of procedure and timing of dispute mediation, We could agree with 'where a dispute is, there is mediation' principle and 'active mediation service' principle. Social pact as a tool of alternative dispute resolution should be used actively; the relationship between social partners and the Labor Relations Committees should be encouraged; the pre-trial arbitration procedure in the tribunal will be needed for the settlement; the social partners as the subject of dispute resolution should be respected; social pact could be used as a gentlemen agreement.