공무원노조법·교원노조법의 개정 논의에 대한 비판적 검토 - 제19대 국회 제출 법률안을 중심으로 -

Article 33 Clause 2 of the Constitution of Korea specifies, “Workers who are public servants shall have the right to organize, the right to bargain collectively, and right to act collectively according to the regulations of the applicable law.” Article 5 of Labor Union and Labor Relations Adjustment Act which are lower level laws of the constitution also specifies that organization and participation of public servants and teachers are regulated by separate laws. However, the legislation of foundational laws to secure the three rights of workers of public servants and teachers is delayed and Korea was tainted with dishonor of ‘suppression of labors’ by ILO and OECD. Only after 1998 with the ‘Social Agreement to Overcome Economic Crisis,’ signed by the Korea Tripartite Commission, Operation, Etc., Of Teachers’ Trade Unions (1999) and Operation, Etc., Of Public Official’s Trade Unions (2005) were legislated and enacted. However, there has been criticism that these laws emphasized the specialty of their status such as public servants and teachers and they too much restricted the scope of membership of the union and basic rights of union members and the labor union itself since the legislation. Additionally, as Ministry of Employment and Labor returned application of Korean Government Employees Union(KGEU) because of the different opinions on the acknowledgement of qualification of fired employees, and the Supreme Court of Korea judged declaration of the state of affairs of teachers as political characteristic collective behavior, discourses on amendment of Operation, Etc., Of Public Official’s Trade Unions and Operation, Etc., Of Teachers’ Trade Unions have been made in full scale. In this article, we reviewed the issues such as expansion of the scope of membership of labor union, and guarantee of political basic rights of teachers and government employees and tried to find the desirable improvement direction.