노동분쟁해결을 위한 법절차의 便利와 公正 ― 2010년 노동위원회법 일부개정법률안의 검토 ―
Convenience and Fairness of Legal Process for the Resolution of Industrial Dispute - An Examination of the Partial Amendment of the Labor Relations Commissions Act 2010 -
박은정(인제대학교)
37호, 1~49쪽
초록
This paper focuses on the examination of: i) the change of the method for selecting public interest members, ii) integration and adjustment of the fields in charge of the public interest members, iii) inclusion of the cases determining the bargaining representative unions into the job of the public interest members in charge of settlement, (iv) expansion of the subject of the adjudication by a single member, v) optionalization of reviewing procedure. Especially, it tries to evaluate the meaning of this suggestion of amendment based on convenience and fairness which procedure for the dispute resolution has to seek. This paper concludes that it is difficult for the suggested amendment to achieve the goal on the side of convenience, namely rapid remedy for violation of right, and moreover, it can cause many disputes on the side of fairness. It is hoped that the Labor Relations Committee system is established to be not only convenient but also fair by continuously pointing out problems and evaluating.
Abstract
This paper focuses on the examination of: i) the change of the method for selecting public interest members, ii) integration and adjustment of the fields in charge of the public interest members, iii) inclusion of the cases determining the bargaining representative unions into the job of the public interest members in charge of settlement, (iv) expansion of the subject of the adjudication by a single member, v) optionalization of reviewing procedure. Especially, it tries to evaluate the meaning of this suggestion of amendment based on convenience and fairness which procedure for the dispute resolution has to seek. This paper concludes that it is difficult for the suggested amendment to achieve the goal on the side of convenience, namely rapid remedy for violation of right, and moreover, it can cause many disputes on the side of fairness. It is hoped that the Labor Relations Committee system is established to be not only convenient but also fair by continuously pointing out problems and evaluating.
- 발행기관:
- 한국노동법학회
- 분류:
- 노동법