복수노조하에서의 소수조합의 법적 지위

Among the many problems surrounding the multiple trade union system, this research selects the clarification issue regarding minority unions, and the purpose of this research is to cause an improvement to the current system by exposing the situations where a minority union cannot exercise basic labor rights such as collective bargaining and acting rights. As a threshold matter, under the ILO standards, a minority union shall be guaranteed to be able to function and operate as a labor union under any circumstances. The standards also mandate that there shall be a minimum legal system to represent monitory union members even when a policy preferring majority union is being introduced. However, under the current Korean laws, a minority union, albeit a labor union protected by the Constitution, faces situations where it cannot adequately represents the interests of it members in collective bargaining practices and labor disputes. In some cases, formalistic limitations are imposed on minority unions in that it is required to have a certain number of members in order to become a bargaining party to collective bargaining. Therefore, although minority unions cannot receive the same de jure or de facto treatments as major unions do, there must be a minimum legal status guaranteed to them. Further, a minimum system shall be devised and developed to enable minor unions to represent the uniqe interests of their members.