필수유지업무제도의 내용과 한계 ― 필수유지업무결정 절차에 대한 개선방안 ―

This thesis analyzes contents and actual conditions of essential minimum services in Korea and deduces problems of the service system. Essential minimum service system has been enforced for 4 years and it is time to review to see whether it is headed toward right direction. This thesis introduces essential public services in Italy especially. By analyzing contents and conditions of Italian essential public services, it tries to figure out some ideas can be introduced in Korean system. Based on these ideas, this thesis suggests ideal directions that Korean system could go forward. In Italy, they have separate regulations for strikes in public sector. They use 'i servizi pubblici essenxiali' which is very similar to the 'essential public service' used in Korea rather than 'essential service' that ILO suggests. Therefore, reviewing Italian public strike regulations and protections would give some related suggestions to Korean system. Italian system suggests that although the law itself defines 'essential public service', the actual concrete scope of the service should be decided by the Employee and Employer autonomously. Also some other advantages of the Italian system could be these points that there is Essential Service Security Committee to manage essential public services professionally, the Employee and Employer participate in the issue freely, the government intercepts the least, users of the system are protected through the law, the trade union and the employer are subjected to sanctions in a certain point, and workers are to return to work by order. Essential minimum services to be maintained are to harmonize rights to strike and public interest, not to restrict the rights to strike in essential public service. The purpose of this system should be realized based on free agreement between the employee and employer.