공무원단체교섭제도의 문제점과 개선방향

This paper has analysed various problems and issues in public collective bargaining system under current law, and proposes some legislative alternatives. Many problems have occurred in the context of collective bargaining in public labor relations since the Act regarding the Establishment and Operation of Public Servant Trade Union(hereinafter “the Act”) was passed in 2005. Some of them were due to the premature attitudes of social partners. Since the labor movement of public servants were strictly prohibited and the terms and conditions of employment was unilaterally determined by the government, the public servants trade union as well as the employer had no opportunity to participate in the voluntary collective bargaining. However, the main reason of disputes is because of the immanent vagueness and blemish in the Act itself. The main problems can be pointed as following. First, the Act does not distinguish the organizational jurisdiction of public servant trade union and the bargaining unit. As the Act does not provide the definition or concept of bargaining unit, the determination of bargaining agent of public employees arguably tends to be made according to the organizational jurisdiction of trade union. Second, the powers of government bargaining agents under the Act often collide with the ministers' jurisdictional powers under the Government Organization Act. Third, the determination process of bargaining agent raises many problems since the Act itself does not provide details of the process. These problems cannot be answered by the interpretation of the Act. There should be a fundamental amendment of the Act. In this paper, I was trying to propose some legislative alternatives about the above questions.