구조조정과 고용안정협약의 효력

There are problems related to business restructuring as following:First, is business restructuring the subject for collective bargaining? Isn’t there a need to separate quantitative variation of the business and simple manpower restructuring?Second, when the labor union signs an agreement with the business to prohibit or restrict business restructuring, can a labor union do a strike to oppose the restructuring? Is a strike allowed for conflicts of right for this matter?Third, if the employment security agreement is made, is this simply a contract or collective bargaining agreement? Does collective bargaining agreement have normative effect of collective bargaining agreement?My findings on this matter are as the following:Regarding the issue of collective bargaining for business restructuring, the business restructuring without changing the business doesn’t fall into essential right of management; therefore, it is for the collective bargaining. Second, the decision related to business restructuring by causing (quantitative) change of business as a property falls into the essential right of management so it cannot be for collective bargaining. When the employment security agreement is made, the collective bargaining and strike is acknowledged regardless of what is in the employment security agreement. This is because the issue of execution is closely related to the working condition and because the old system of private law is not simple. The normative effect of collective bargaining agreement can be acknowledged. Regardless whether the business restructuring doesn’t acknowledge the collective bargaining, making the issue of business restructuring as collective bargaining doesn’t violate the law so it is beneficial for existing agreement to acknowledge its normative effect.