노동조합 설립시 신고주의에 관한 연구

In the Constitution of the Republic of Korea, The freedom of association, freely common rights, is optional private freedom of association based on liberty from nation's interference·manipulation. This is guaranteed by the principle of free establishment. But, our civil law never allow the principle of free establishment because in the foundation of corporation, our law follow the principle of judging by the law and the principle of law making(5kinds of principles concerning following rules, official authorization, permission, patent, compulsion.).Trade union, worker's randomly organization, is similar to nonprofit private organization founded by Enforcement Decree of the specific Trade union and Labor Relation Adjustment Act, and if you do enrollment of corporation, as a nonprofit organization, this is applied by the rule for private corporation. That is, Trade union is an organization that guarantees worker's independence and democracy that follows the principle of reporting establishment and in the management, this organization has a feature that guarantees the privilege of the right to independent association, the right to collective bargaining and collective action that is stated in the constitution. By the way, in formal, the principle of reporting is forming in the principle of following rules similar to the principle of free establishment. So It looks like that has no problem. But actually, it has a problem by the judging system stated in the specific law, acknowledging the establishment according to the administrative office's free determined action. That's because unlike other ordinary organizations, Trade union is a privileged union that the nation guarantees the common rights about survival, so they ruled particularly. But the purpose of legislating is upgrading worker's living quality by the worker's right to organize and guaranteeing worker's right to live, and in the viewpoint of this purpose, regulating more particularly and harder than the ordinary organizations may be out of step according to the spirit of the constitution. Moreover, in case you didn't receive establishment license by the administrative office, not allowing to use the name of the name of Trade union by regulation is interfering labor union's history, autonomy, independence, and this is the rule that interferes the worker's right to organize, autonomy, self-control and not existing any other developed nations. Therefore the main purpose of this thesis is highlighting the principle of reporting establishment about Trade union's characters and problems, and what the solution is. Except guarantee to the Trade union's right to organize, the common right related to the right to life.