노동조합 활동권과 시설관리권

Despite the rights on facilitation usage must be guaranteed for lawful labor union activities, it also coincides with the right of management of facilities that is derived from property rights. Since labor union members ought to utilize business facilities in its nature of business, it is rather inevitable to face collision of another law referred as the property rights (the rights of facilitation management). To solve this problem rationally, the research shows following suggestions. The right of management of facilities and the right of use of facilities shall be abused by no more than the claimers; a distinction between inter- and intra- business labor union is not effective in an act of abuse, and the referred labor union shall be accepted as a lawful institution regardless of its quantity, whether singular or plural. To recognize the act of pervasion,1) The labor union uses the company’s facilities without a serious negotiation or mutual consent, which cannot be assured by the Union Labor Act (abuse of the right of use of facilities)2) The company does not correspond to the union labor’s effort to reach an agreement and refuses the union’s use of the facilities, which breaches the Labor Law and the intention of the Supreme Court for the purpose of the management of company (abuse of the right of management of facilities). Therefore an abuse of the right of management of facilities shall be determined by the Union's effort to use the company’s facilities and the company's correspondence to the effort. The detailed criterion of consideration is shown as follows:1) Condition and figuration of using facilities,2) Content and characteristics of the breached right of management of facilities,3) The union’s response to the safety protection of facilities,4) An option for an alternative facility.