공공기관 노동조합의 노동권 - 단체교섭권과 단체협약을 중심으로 -

The Constitution of the Republic of Korea and the Labor Relations Acts should not restrain explicitly the fundamental labor rights of the workers engaged in the public institutions. Nevertheless, in reality, their fundamental labor rights are restrained through the government's excessive interventions such as the notification of government budgeting guidelines, the demand of collective agreement revises, and the normalization measures of public institution. The restraints of these fundamental labor rights basically result from the interpretation of the laws against the human rights by the Supreme Court and the Constitutional Court. In case that the budget bill of the public institution concerned was rejected by the board or that the rules of employment was not approved by the competent minister, the Supreme Court have ruled that the collective agreements concerned and the rules of employment concerned should be null and void. To solve these labor rights restriction and to guarantee sufficiently the fundamental labor rights of the public institution's employees, the collective bargaining system should be designed for the labor union of public institution to negotiate directly with the government, i.e. the real employer of the public institution concerned. And the concentrated and multi-level collective bargaining and policy negotiation system in the public sector's labor relations should be institutionalized by the laws. Further I think that ‘the Special Act on Public Sector's Collective Bargaining and Collective Agreement’ has to be enacted, and that the Special Act should guarantee the public institution employees' fundamental labor rights and secure the publicity of public institutions.