단체협약 효력확장제도의 재조명

The article 35 and 36 of Trade Union and Labor Relations Adjustment Act define extension system of collective agreements. The article 35 of the Act stipulates that “Where a collective agreement applies to at least half of the ordinary number of workers performing the same kind of job and employed in a single business or a workplace, it shall also apply to other workers performing the same kind of job and employed in the same business or workplace.” under the title of ‘general binding force’ and the article 36 of the Act stipulates that “(1) Where more than two-thirds (2/3) of the workers performing the same kind of job and employed in the same area are subject to the application of one collective agreement, the Administrative Authorities may, with the resolution of the Labor Relations Commission, and upon the request of one or both parties to the collective agreement or by its own authority, make a decision that such collective agreement shall apply to other workers performing the same kind of job and employed in the same area, as well as to their employers. (2) The Administrative Authorities shall notify, without delay, the decision made under paragraph (1).” under the title of ‘geographical binding force’. The percentage of trade unions is now showing signs of stagnation or even decline in Korea. In this situation, it is important in terms of both scientific research and labor policy to shed light on and review the extension system of collective agreements, comparing it with others. First, this paper fundamentally covers the extension systems of collective agreements in Japan, Germany, and France where they are important in the field of labor law in terms of comparative law. And then by comparing Korea’s system to them this paper finds the implications for Korea’s system to be improved. Next, this paper sheds light on Korea’s extension system of collective agreements and seeks solutions to advance it.