노동조합의 조직형태변경- 노조 지부·분회의 조직형태 변경결의를 중심으로 -

A structural change of a trade union means all organizational changes(merger, division, dissolution, structural change of a trade union, etc.), but this paper is for only structural changes. The structural changes system was introduced in 1997. Trade Union and Labor Relations Adjustment Act Article 16(1)8 stipulated structural changes as matters for resolution by general meeting and Article 16(2) stipulated that the general meeting shall adopt resolutions by the affirmative vote of a majority of the members present at a general meeting where a majority of all members are present and put the requirements for resolution. The theory as to structural changes varies from person to person because the Act established only procedures but doesn’t have the requirements and the effects. Futhermore, judicial cases play a role in establishing the legal requirements and the effects of structural changes. This is close to the formation of law (Rechtsfortbildung praeter legem) to make up for deficiencies in law rather than the interpretation of law. This paper suggests that measures to regulate legislatively as to structural changes shall be needed in order to avoid legal dispute and have legal stability. And it searches the purpose to introduce the structural changes system and considers critically judicial cases and previous theories of structural changes and tries to reinterpret structural changes based on those studies. It includes the establishments, the valid requirements (the concept, the subject and the procedural requirements), the legal effects and influences of structural changes and sees if chapters or branches of industry-level trade unions fall within the subject.