공정대표의무에 관한 중앙노동위원회의 판정례와 몇 가지 법적 쟁점

As the “Trade Union and Labor Relations Adjustment Act” of Korea allows multiple labor unions, it also adopted the unification of the window of negotiations. In addition, it imposes the duty of fair representation upon the negotiation representative and the employer in order to protect the minority union. Under the multiple labor union system, the success of the unification of the window of negotiations depends heavily on whether the system of duty of fair representation is managed properly or not. About two and a half years have passed since the regulations regarding the duty of fair representation had been imposed, and the Central Labor Relations Committee has accumulated more than 30 cases regarding the issue. There are many issues regarding the interpretation and application of the regulations, and many researches were done about the issues that concerned predictable situations. However, there are still quite a few issues that have not been researched even though the issues came up in the cases of the Central Labor Relations Committee. As sufficient cases have been accumulated, this thesis focused on the issues brought up in the accumulated cases; adding opinions on the issues that were previously researched, and bringing up new issues on the ones that were not.