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학술논문노동법학2008.06 발행KCI 피인용 8

노조전임자 급여지급에 관한 노동법적 고찰

A study on trade union representatives' wage payment in Labor Law

한광수(강원대학교)

26호, 201~229쪽

초록

The matter of trade union representatives'wage payment has been hot issue in Korea labor legislation history and labor movement history. But it was delayed again during three years under tripartite consent among the representatives of labor unions, management and the government except for the Korean Confederation of Trade union. It had been submitted by the management before Labor Union Law was amended in 1997 and it has been a cause of industrial relation troubles. Trade union representatives'wage payment was forbidden by Labor Union and it was prescribed Unfair Labor Practice under Law amendment in 1997. But it was delayed for the reason which must assure the existence of trade union because of scantiness of union finance under an enterprise unit trade union. The Labor Union Law served law principle that we should solve wage payment according to conference with employer. On seeing a process of argument in Industrial Relations Reform Commission and Korea Tripartite Commission and Advanced Research Commission, we came to an agreement about a necessity of trade union representatives and a matter of wage payment. Only we found more difficulty in solving for its' application than past. In this respect, an opinion of the Advanced Research Commission provided us with important principle. And it enables us to preserve an independency of trade union which we have a standard of minimum. An allowing on wage payment to trade union representatives within the limits presented us a way seeking solution method for various directions beyond a thought which divide a thing into two parts. But we must seek for solution method about it through our reconsidering on meaning of Labour Law as well as concerns of livings and financial independence of Trade Union.

Abstract

The matter of trade union representatives'wage payment has been hot issue in Korea labor legislation history and labor movement history. But it was delayed again during three years under tripartite consent among the representatives of labor unions, management and the government except for the Korean Confederation of Trade union. It had been submitted by the management before Labor Union Law was amended in 1997 and it has been a cause of industrial relation troubles. Trade union representatives'wage payment was forbidden by Labor Union and it was prescribed Unfair Labor Practice under Law amendment in 1997. But it was delayed for the reason which must assure the existence of trade union because of scantiness of union finance under an enterprise unit trade union. The Labor Union Law served law principle that we should solve wage payment according to conference with employer. On seeing a process of argument in Industrial Relations Reform Commission and Korea Tripartite Commission and Advanced Research Commission, we came to an agreement about a necessity of trade union representatives and a matter of wage payment. Only we found more difficulty in solving for its' application than past. In this respect, an opinion of the Advanced Research Commission provided us with important principle. And it enables us to preserve an independency of trade union which we have a standard of minimum. An allowing on wage payment to trade union representatives within the limits presented us a way seeking solution method for various directions beyond a thought which divide a thing into two parts. But we must seek for solution method about it through our reconsidering on meaning of Labour Law as well as concerns of livings and financial independence of Trade Union.

발행기관:
한국노동법학회
분류:
노동법

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노조전임자 급여지급에 관한 노동법적 고찰 | 노동법학 2008 | AskLaw | 애스크로 AI