일본 단체협약의 일반적 구속력제도

Collective Bargaining Agreement(hereinafter referred to as "CBA")'s principle is to bind only the trade union as all concerned in CBA and its employer or employer's association and its members. The influence of CBA doesn't affect the non-employers or employers in third parties. Therefore, when one CBA applies to almost all employees who are engaged in the regular range, CBA, consequently, doesn't apply only to the unorganized minority employees. It can result in the undesirable outcome to both the whole industrial relations and organized majority employees. Hence, both in Korea and in Japan, under the regular requirement, CBA regularize the general binding force of the workplace of which effects can be extended to the third parties that is non-members of the trade union. Japan's supreme court ostensibly try to make the legislation purpose of general binding force the fair working standards and include the protection of both the trade union and the non-employers. however, the contents are not clear. But, in Korea, there still have not been the cases which clearly establish the identity of the legislation purpose of general binding force. rather than, it is true that the protection of both the trade union members and non-members is asserted on theory. Especially, nothing is so important than identifying the legislation purpose of general binding force in solving the legal problem appeared in the general binding force. This is because the entire legal problems on this system are eventually possibly to be solved consistently when it comes to establish the standards of the legislation purpose. Considering the issue, we have concretely examined the Japan's legislation purpose of general binding force, its requirement, and its effects, etc. based on this way, we have suggested the way of solutions in Korea's regulations of general binding force and that of interpretative and their regulative problems.