노동위원회 의결례 분석을 통한 노동조합 및 노동관계조정법 제21조의 문제점 및 개선방안

Trade union and labor related settlement law Article 21(it is called as just law from below)is one of the regulation to secure the democracy of trade union. This law regulation impedes the self-control capability and has several operational problems except that. The problems is as below. The first, because the understanding about this institution is not enough in the case of union member, their applications are over issued. The second, when it is applied, the problem is their ignorance and irresponsible attituede about this institution in the case of government office. The third, because the understanding about this institution is not enough in the case of Labor relations board, the writing of award is not correct or not even, the decision of trade union regulation contents rightness is decided, the opinion suggestion is done about the effectiveness or rightness of administration of judge, the resolution treatment is not decieded, the regulation violation is practiced about supplementary action which can happen in the middle of the process, the existence or not of treatment reason is done and it is practiced as the violation items is practiced. The first, because the democratic capabillity is still necessary by Law article 21 Clause 1 about this kind problem, we think there is the existing definition. The second, in case of modification order of the treatment of the labor workers, there has many problems like impeding the self-control capability. We think it should be abolished. The next, in case of the modification regulation about the resolution of labor union, we think there has some existence meaning prior to the correct order about labor union resolution. But in case of labor union the resolution of union shop is violated at the regulation and we think that it shall be managed by regulation.