교섭창구단일화제도 시행에 따른 법적․실무적 쟁점

Regarding the transitional measures of article 4 of Trade Union and Labor Relations Adjustment Act Addendum, the meaning of ‘on the enforcement date of this Act’ is still under argument in the judgment by the Ministry of Employment and Labor and the Court. Not only that but article 4 of the Addendum also includes the problem that it cannot explain the ground of granting a labor union that did not go through the procedure of bargaining channel unification with the position as bargaining representative union by giving the position as bargaining representative union to a labor union which was in the bargaining process on the date this Act was enforced and the authenticity of causing to restrict the execution of other labor union's bargaining right. In particular, granting the position as bargaining representative union only based on the fact that the union was in the process of bargaining on the date of the Act enforcement causes such result to excessively restrict the exercise of the bargaining right of labor unions newly established after July 1, 2011 or other labor unions which were not in the bargaining process at the time of the Act enforcement, and involves the potential to ultimately cause the dispute of unconstitutionality again. Therefore, a review must be done within earliest day possible on the granting of a labor union which was already in bargaining process before enforcement of the Act already with the position as bargaining representative union. Various disputes are arising with regard to the specific procedure of channel unification. Nevertheless, the system of unifying the channel on Labor Union Act still remnant problem on the interpretation and operation for cases where the channel unification procedure rule on Labor Union Act and labor-management autonomy collide. The interpretation and future improvement direction may vary depending on what shall be emphasized. Nevertheless, whatever the case may be, the interpretation needs be in such a way that the procedure of channel unification on Labor Union Act shall not infiltrate the exercise of bargaining right of labor unions other than bargaining representative union nor the essence of labor management autonomy excessively, and institutional improvement requires to be made on it.