한국과 미국의 단체교섭법제 비교 ― 교섭단위와 교섭대표제를 중심으로 ―

The laws of collective bargaining can be categorized according to the authorized entities in the bargaining relations. Firstly, there is a system which labor unions get the status of entity for their own union memberships. The system, namely, a labor union system is constructed in labor laws of Korea and Japan. Secondly, a bargaining representative system entitles employees’ representatives to the right of collective bargaining instead of labor unions. It covers the U.S and Canada. Labor unions don’t need to get the representative status for collective bargaining separately in the labor union system. And the bargaining unit is not a decisive factor of the system differently from the system of bargaining representatives. But the labor union law of Korea has introduced the status of unions’ representative and the unit for collective bargaining under multi-unions conditions. The purpose is to force labor unions to choose their own representative for a single bargaining unit. The law has repealed the provisions including mandatory single union schemes but institutes the mandatory procedures of single unit in a workplace. The mandatory procedures are different from the bargaining unit system in NLRA of the U.S. The bargaining unit is a group or jobs of employees for choosing employees’ representative by the employees. But the mandatory single unit is a business or a workplace of single employer, in which labor unions should choose a union representative to bargaining collectively with employer. The mandatory procedures of single unit have some contradictory facet to the labor union system embodied in labor law and the Constitution of Korea.