단체협약위반에 대한 권리구제

Collective bargaining agreement is a written agreement establishing regulations about terms and conditions of employment and concluded employer or employer association between labor union as the representative of employees. Collective bargaining agreement could regulate both employment relations and labor relations in workplace, because it is the legal institution functioning as not only improving a work condition for union members but also maintaining a peace between both two parties in our labor law system. Therefore, both two parties should observe the collective bargaining agreement. However, if anybody does not observe and violate the regulations, problems will come up for violation of collective bargaining agreement and the remedy for that. Violation of collective bargaining agreement means that a party, which is responsible for obligations in terms of collective bargaining agreement, violates. Considering a concept of the terms and legal means is required due to the differences with common regulations or agreement. Therefore, Violation of collective bargaining agreement is a specific action or situation violating any obligations of agreement by those who are responsible for the agreement. However, labor law does not mention how much the violation affects related to violation of collective bargaining agreement. Generally, meaning of violation can be discussed that no observance intentionally, delay to observe, refuse to observe, incomplete observance, or incapability of observance. In terms of violation of collective bargaining agreement, it is discussed by obligations and regulations. The matter for remedy for violation of collective bargaining agreement can be explained differently according specific violation cases. In terms of labor law, a remedy through punishment regulations is a main explanation. In terms of civil law, compulsion of performance, demand damages, and dissolution can be discussed. In generally, in terms of a contract by both two parties, if any party does not observe obligations, it is able to exercise one’s veto or refuse to a performance demand and complain a simultaneous performance for the opposite obligation; however not only a unilateral contract but also bilateral contract are affective according to the agreement. However, collective bargaining agreement can have different legal features, effects according to regulations and the differences relate to the effect of each violation. A labor contract regulation and collective bargaining agreement, which is composed of workplace rules and a contract that generates a claim, can affect a breach of contract and regulation and sometimes both of breaches will affect in case. These can affect in both civil law and criminal law. Both have accountability for violence. For that, the effect of civil law functions as an aid for the future and effect of criminal law functions as a prior prevention. If violation occurred despite a punishment, effect of civil law can be the only meaning for a restore of illegal situation. However, aid accounted as a current law has a limitation of effectiveness. Therefore, this thesis aims at seeking legislative policy. This thesis has contents of collective bargaining agreement by dividing into obligations and regulations. The matters for the person directly involved in transaction such as aid is reviewed for the violation by those who violate or agreement. The matter for a remedy for collective bargaining agreement is divided into obligations and regulations.