노사협의회의 법적 지위와 역할

Works Council was established by the labor union act in 1963. Works Council has not played a important role in undertakings or establishments for half a century. It's not only a matter of legal system but also a matter of social circumstances. Although labor union density in Korea was 10.1% at 2011, labor union has played a more important role in industrial relation than works council which has been established in 90% of undertakings or establishments. Employee members of works council are elected by worker's voting in the undertaking which has no unions or minority unions and are appointed by majority union in the undertaking which has majority union. Thus, works councils tends to become a field of discussion on working conditions in many undertakings. This study analyzes decisions of the supreme court about works councils' agreement or discussion on working conditions. The supreme court takes an obscure attitude whether works council has decision power of working conditions or not. The major conclusion of this study is that work councils should not have the power of decision on working conditions on account of its decision which is subordinate to employer in non-unionized workplace.