노사관계 매뉴얼의 문제점과 내재적 한계 - 복수노조와 교섭창구 단일화절차에서의 시사점을 중심으로 -

The paper takes a critical review of the industrial manuals(including guidelines, published rulings and so on) by the Ministry of Employment and Labor which describe the labor relations between employees and employers. These industrial manuals by Ministry of Employment and Labor have some immanent limits. First, the industrial manual by the Ministry of Employment and Labor should be in accordance with the constitutional law and the constitutional interpretation by the constitutional court. Secondly, this manual should not violate and be in accordance with the positive law. In addition, the Ministry of Employment and Labor with the authority of writing the manuals should respect and go with the case law. Lastly the Ministry of Employment and Labor should realize the immanent limits of the manual and establish a self-regulating system on the manual for the purpose of preventing the abuse of government authority. Above all, the most important thing is that the Ministry of Employment and Labor should respect the spirit of the separation of the three powers (administrative, legislative and judicial).