복수노동조합 하의 유니언숍협정의 해석론과 과제

Trade Union and Labor Relations Adjustment Act(TULRAA) Section 81(2) provides that where a trade union is representing more than two-thirds of workers employed in the same business could make a collective agreement of a union shop with an employer. In this case, however, the employer shall not discriminate a worker for reasons that he or she expelled from the union, or joins an another union after a secession from the union. Conclusions are as follows: First, the Supreme Court of Korea interprets the requirement of 「more than two-thirds」 above as a condition of making the agreement. But I think that the requirement shall not be interpreted as a condition of making the agreement. Because a minority union could also make the agreement under protection of the right to organize, and expand its organization through the agreement by the Constitution Article 33(1). Second, even though the employer shall not discriminate a worker for reasons that he or she expelled from the union by the TULRAA Section 81(2), I suggest that an employer could discriminate where he or she does positively anti-union action. Third, an employee employed could join not only a particular union of a party to the agreement of the union shop, but also an another union by his or her own choosing. Finally, a representative or an exclusive union for a collective bargaining under plural unions could make the agreement of the union shop, it is not per se against a duty of fair representation.