韓国の集団的労働関係法の成立における日本法の影響

The Korean Statutes on Collective Labor Relations were enacted more than 60 years ago. Yet, the development on those laws have been significantly influenced by the relevant Japanese laws, as evidenced by the fact that one cannot meaningfully discuss the development of the Korean laws without discussing relevant Japanese statutes and the Japanese cases thereto. There has been very little discussion as to why the Korean system has been deeply influenced by the Japanese laws. However, it can be assumed that Korea did not have a lot of resistance in incorporating and adopting Japanese theories and cases, for the reasons that: (1) the basic contents of the laws are very similar between the two countries; (2) that both countries recognize the three labor rights as constitutional rights; and (3) that labor unions are organized per business in both countries. The Korean system on collective labor relations has shown a trend to move beyond the Japanese influence, while keeping the basic structure from the enactment, with significant changes such as the unification of negotiation channel pursuant to one business one negotiation principle. Despite this recent trend, the comparative analysis on the Japanese and the Korean systems is still important, as illustrated by following points. The case law theory on collective agreement has been the foundation for Korean laws on collective labor relations. Moreover, in case of multiple unions, the Japanese case law theory on the duty of neutrality to be imposed on employers has been referenced and discussed in cases involving discrimination against one union in Korea.