항운노조의 지위와 관련한 법리 연구

Since the opening of the three ports of the Chosun Dynasty of the late 19th century, longshore workers appeared in the harbours of this country and the number of those workers rapidly increased as the industrialization and commercial trade developed. After the liberation from the Japanese Rule, the longshoremen’s association appeared in 1949, and their organization finally launched the National Port Transport Union(NPTU) in 1961. The NPTU has taken its unique position in the labor management relations since its establishment. The NPTU plays partially a role of the employer in the individual employment relationship, while it has its role of the labor union in the collective bargaining system. The dual position of the NPTU is based on the collective agreement the NPTU has made with the Korea Port Logistics Association (KOPLA), which is the association of the harbour transportation business owners. According to the collective agreement, the NPTU and the KOPLA has agreed on a closed shop agreement, so that any and all employment opportunities shall be given to the member of the NPTU only, as long as the work is related to the working areas of the NPTU members. The closed shop agreement has been effective until July 1, 2011, when the ban of the plural labor unions of the same workplace was lifted from the Trade Union and Labor Relations Adjustment Act. Through the permit of the labor supply services obtained from the Minister of Employment and Labor, the NPTU was able to play its monopoly role of harbour manpower supplier. The monopoly status of the NPTU, however, has changed since the enactment of the Special Act on Assistance to the Reorganization of Harbour Manpower Supply Systems in 2006. According to the act, it has the purpose of reorganizing harbour manpower supply system into a system, in which harbour transportation business owners directly employ port transport union members on a permanent basis, subject to an agreement among the port transport unions, harbour transportation business owners, and the government. The crucial momentum of the legislation was the release of the 2005 bribery scandal of the members of a district port transport union, which is a branch of the NPTU. In addition to it, the allowance of the union pluralism accelerated the change of the monopoly status of the NPTU. At the time around the year of 2007 and 2008, the degree of the direct employment of the harbour workers by the harbour transportation business owners was at its peak to peak. Since then, however, the direct employment did not increase in number and up until now the NPTU still has steadily had its share of harbour manpower at over 30 percent of the whole harbour workers. The appearance of the second unions in the harbour transportation business is still at its beginning step. For the time being, the NPTU is expected to continuously play its unique and dual role both as employer and union. Under the situation, it is demanded that the second unions shall be given equal opportunities in supplying manpower to the harbour transportation business and also in collective bargainings with the harbour transportation business owners. It is also demanded that the port transport unions including NPTU shall keep their transparency in managing the unions, so that they can fully recompensate their members in remuneration and welfare as a reward to their membership fee payment.