노동입법의 국회심사과정에서 당사자들의 협상행태와 정책적 함의

This study aims at looking the roles and activities of the related parties in the legislative process of the labor Acts to protect on working hours and non-regular workers, such as fixed-term and part time workers, dispatched workers. To look at the above, this study mainly focused on the conditions, the structure and strategies, the results of the bargaining process of the Acts, based on the bargaining theory. Relating to the conditions, the main issues and bargaining parties have been changed during the deliberation of the acts. In relation to the structure of the bargaining, the committee members had the initiative to negotiate one another compared to the old days when the committee members tried to abide by the orders and guidelines of the central party. Each party had the posture to attain its own interest as a usual in the begaining but changed its original position based on the issues. Each party deliberated the Acts without throughly reviewing the impacts of the acts in advance. Policy implications are as follows: The committee members as the negotiating parties bargained the acts with considerable autonomy compared to the past. This means the legislature played an important role in resolving the conflict of the society through democratic procedure. In addition, the different environment and legislative structure of the deliberation process influenced the legislative members and the contents of the acts. As a result, the acts were modified to be favorable for the labor union circles compared to the original version. To further more consensus-based result in the legislative process, it is desirable for the committee to introduce tripatite negotiation system based on voluntray participation of the related parties before the authoritative rule making. In addition, in the process of the authoritative rule making, the committee has to try to filter diverse point of view of the parties instead of depending on mere majority rule making.