노조전임자에 대한 급여지급관행과 법적 문제점 ― 일본의 사례를 중심으로 ―

The matter of trade union representatives' wage payment has been hot issue in Korea labor legislation history and labor movement history. According to Korean Trade Union Law, that kind of union representatives' wage is prohibited as unfair labor practice containing yellow-dog contract, disadvantageous treatment, refusal to bargain collectively, giving financial support and retaliatory disadvantageous treatment and domination and interference. And Trade Union Law also forbid trade union representatives' wage payment excepting unfair labor practice provision as above mentioned. In spite of that, trade union representatives' wage payment has been remained until now as a kind of labor relation past practice in many companies. Meanwhile, this kind of labor relation past practice was problem between employee and trade union in Japan. Although Japanese Trade Union Law also prohibit trade union representatives' wage payment as unfair labor practice like Korea, that kind of past practice was remained as an inappropriate one(called Yami-Kankou). Japanese courts decided continuously that Yami-Kankou is illegal. After the judgements, employees and unions became to quit Yami-Kankou gradually. Reviewing past Japanese experience of trade union representatives' wage payment give us some clews to solve our problems. As especially, korean Labor Law and Labor Relation Systems are very similar to Japanese law and systems, researching on Japanese case law and labor management of Japanese company is very useful to settle the question pending between employee and trade union in Korea.