노동조합의 합병에 관한 연구

According the Article 16, the labor union and labor relations adjustment act states merging must be done after being passed by the voting of the general assembly. The voting quorum should be 2/3 of the people voting ‘yes’ and the total number of people should be the majority of the involved unions. Additionally, according to the same law, Article 28 states dispersion of a labor union can be linked to the merging of such unions. As we can see, the law manages a small part of merging unions; however, requirements, procedures, and the effects of the merging is not specified and can only be relied on interpretation. The area which specifies on the merging of organizations is related to companies under commercial law. Commercial law is specific in regulating the resolution, motive, effects, invalidity, ect of the merging. Therefore when scholars interpret the emerging of labor unions, they make frequent reference to commercial law. However, due to fact there are many areas where companies differ from labor unions, applying commercial law without any examination to labor unions merging would be inappropriate. Although they do have the common characteristic of merging two basic groups, examination and research regarding the differences of labor unions and companies is needed. This is particularly emphasized regarding the merging procedure and effects. The foundation of labor unions is the unity of workers and thus the stronger the unity is, the more powerful the labor union becomes. This can hold important meaning for the improvement of working conditions of the labor union members. Therefore, the merging procedure should have the objective of strengthening unity among the workers while the effects should be made so the rights of the labor union is not trespassed on. Only if this is done correctly will the law meet the objectives of regulating the merging of labor unions.