노무제공 불이행의 정당화 근거에 관한 고찰 - 제조업 사업장 협약규정을 중심으로 -

An employment relationship maintains that one party provides labor and another party pays reasonable wages. However, some employment relationships exist where one party does not provide work. These exceptional situations can occur because of excuses made by the employer, personal reasons of the employee, or the intention or negligence of the employee. These exceptional situations, like the exclusive charge of a trade union, a leave of absence, or a suspension can be concretely fixed in collective agreement provisions. We examined the labor-providing default based on agreement regulations and how it is expressed in agreement provisions. The agreement regulations have been based on all of the collective agreements found in collective industrial relations at the enterprise level. Most agreement regulations are two-part agreements: a normative part with working conditions, and a debt part between the labor and management. However, most agreement regulations have to be passed by voluntary conciliation; they are not written as a collective agreement regulation by the demands of only one party. If collective industrial relations focus on an enterprise level, like Korea, such collective industrial relations should be built on individual employment relationships. Under this condition, the labor-providing default is not an ordinary situation. In examining why such an exceptional situation may occur, we ask what percentage is regulated in collective agreement regulations. Labor and management in a business and workplace have to stipulate some conditions to justify the equity in such a business and workplace. Further, a business and workplace needs to be regulated by a collective agreement because disputes might cause by exceptional situations between labor and management might occur. Therefore, we must examine agreement regulations as to how they relate to these exceptional situations. Such agreement regulations could protect members of trade unions and reduce disputes between workers, trade unions, and employers. We must also examine why labor and management maintain an employment relationship when a worker does not provide labor. At this time, we are trying to find agreement provisions concerning the labor-providing default as grounds for justification.