에이전시 숍 법리와우리 노동법에의 도입검토

I have reviewed the agency shop theory in this paper and tried to find a way to introduce this shop agreement into the Korean labor law. As is well known, the agency shop agreement was first formulated by the “Rand Formula” in the Ford Motor Co. case of Canada in 1946. And ever since,the formula became one of the main union security agreements acknowledged by the courts of Canada, U.S.A., U.K., and etc. The core of the agency shop agreement is that a trade union that is the bargaining representative for employees in a bargaining unit can make a collective agreement between the union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the expense of the union’s collective bargaining,collective agrement establishment and any other necessary expense thereof. The money deducted from each employee shall be in the amount of no more than the initiation fees and periodic dues of a union member, so as to prevent any compulsory membership against an individual worker’s will. The main focus of the agency shop is to prevent a ‘free rider’ from the perspective of the union and its members regarding the establishment of a collective agreement and its beneficiaries. On the other while, there are some other legal concerns about the agency shop agreement. Two of the most frequently raised concerns are the protection of an individual worker’s religious belief, and the usage of the deducted expense for purposes other than the establishment of a collective agreement contrary to the expectation of non-union member workers. In the paper, I have reviewed how the two concerns are dealt with by the judicial authorities of Canada, U.S.A. and U.K. Despite the concerns about the agency shop, I find that the agency shop is one of the most practical and effective way to properly adjust the sometimes conflicting interests of unions and individual workers with a view to contributing to the idea of enhancing the economic and social status of workers and finally making peaceful industrial relations, which is the goal of the labor law. That is also the reason why the courts and labor authorities of Canada, U.S.A., and U.K. adhere to the principle of keeping agency shop agreement in a workplace. Under the current Korean labor law which allows multiple unions in a workplace, I want to suggest the agency shop agreement as a future solution of harmonizing the conflicting demands of union security and individual worker’s freedom of association.