노동조합의 조직형태변경에 관한 연구

A Study on Organizational Changes in Labor Unions Park, Ji-soon A labor union’s organizational change refers to the substantial change in existence via dissolution, merger, or division, and includes changing the union's organizational structure or principle. Meanwhile, organizational structure means the establishment of a labor union comprised of union members including corporate bodies, and such organizational structure is subject to change depending on principle, composition, and relationship with the umbrella labor group. Change in organizational structure is the process of changing the labor union’s organization (such as associated organizations, unit trade unions, and sub-branches) based on need recognized among union members. In general, organizational structure changes include name changes between unit trade unions and associated organizations, incorporation of sub-branches of other labor unions, etc. The organizational structure change system allows a labor union, based on union members’ consensus, to decide on organizational structure without having to follow complicated procedures so long as its substantial identity is maintained before and after the labor union's organizational structure change. Accordingly, the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) provides that organizational structure change via merger, division, or dissolution shall be decided by a special quorum. Certain requirements need to be met in order for a labor union's organizational change to be valid such as decision-making by the pertinent corporate body’s general assembly or board of representatives, maintaining the same identity before and after the change, etc. In particular, labor unions need to have independent stature so that union members can decide on the organizational structure of the labor union they are a part of. The independent stature of labor unions need to be determined from a substantive standpoint (e.g., whether a labor union is equipped with independent rules and standalone financing capacity and enforceability) rather than a policy perspective (e.g., facilitating the establishment of industrial unions). If so, a sub-branch of an industrial union with independent stature can take the initiative in deciding on organizational structure change. Meanwhile, mandating approval by an umbrella labor group when changing organizational structure runs counter to the principle of autonomy which recognizes union members’ right to self-determination. In addition, property relations and collective agreement rights of a labor union prior to organizational structure change are succeeded to the labor union following the change.