교섭창구 단일화 절차에 있어서 조합원 수 산정 및 교섭권한의 위임 ― 서울행법 2013. 3. 29. 선고 2012구합29653 판결의 비판적 검토 ―

The Trade Union and Labor Relations Adjustment Act has legalized multiple trade unions at the enterprise level on condition of the single bargaining channel since 2011. This paper is a commentary on the judgement made by the Administration Court about the single bargaining channel process. In this case the Administration Court states that if it has the union regulations and body of activities the branch of the regional union has the authority of collective bargaining independently of the regional union. The Administration Court adds that before Single Bargaining Channel Process Delegating bargaining authority requires the union to inform other unions and that without information Delegating bargaining authority is ineffective and in vain. But this study reviews the approach of the Administration Court judgement critically. First Although the branch of the regional union is considered as an independent union it is just a part of the regional union. When the number of the regional union's members is counted, the number of the branch's members must be included. Secondly, without additional lawmaking I cannot agree on the opinion that entrusting bargaining authority requires the union to inform other unions and that without information delegating bargaining authority is ineffective and in vain before Single Bargaining Channel Process.