교섭창구단일화제도의 쟁점과 문제점

The purpose of this research is to review and to clarify the issues and questions regarding the implementation and operation of the Single Bargaining Channel System, which has been in effect for one year since July 1, 2011. For this purpose, this paper critically reviews a recent case rendered by the Constitutional Court involving the issue of the constitutionality of the Single Bargaining Channel System and criticizes the policy behind this system. It also identifies the issues and questions regarding bargaining units, individual bargaining practice, the effect of prohibition against double enrollment by union rules, and the relationship between the single channel system and the mandatory collective bargaining, and the interpretation of section 4 of the labor union law and the labor relations act, and attempts to provide solutions for them. In addressing such issues and questions, what the author considers the most important is that the laws on collective union practice are just rules to guarantee the self-ruling of employer-labor relations, but not an actor on the stage showing the laws on labor issues. From this view point, it follows that the Single Bargaining Channel System under the current labor laws can be seen as a potentially dangerous mechanism that may harm the order in labor relations. Therefore, there shall be many efforts in reviewing the scheme before actual problems emerge. It is hoped that this study can contribute to such efforts.