권리분쟁 사항과 단체교섭 사항에 대한 재검토

The controversy over rights dispute and interests dispute has lasted for a long time. The recognition that rights dispute is not subject to collective bargaining and strike is widely accepted. However, it is incorrect to judge that it is not included in the object of collective bargaining and strike just because of the matter of rights dispute. Such an interpretation does not match the provision of Article 81-3 of The Trade Union and Labor Relations Adjustment Act(TULRAA) of Korea. Article 81-3 of TULRAA provided that the purpose of collective bargaining is “agreement of collective bargaining agreement and other collective bargaining”. Article 81-3 3 of TULRAA clearly show that the right to collective bargaining does not mean that it should be exercised only for the purpose of concluding collective agreement. The most essential purpose of collective bargaining is the determination of union members’ working conditions through the conclusion of collective agreements and the formation of collective autonomy. However, it is also an important objective of collective bargaining to resolve various problems in the process of interpretation and applying collective agreement. As a result, the tension in the process of collective bargaining is relaxed, while on the other hand the concentration of the collective bargaining itself is enhanced, and it is possible to concluded the collective bargaining rather early. The issue other than the purpose of concluding collective agreements can be negotiated on a continuous basis during the valid period of collective bargaining agreement. This will improve the negotiation skills of each party and problem solving skills of autonomy and furthermore it will be a decisive opportunity to secure sustainable stability of labor relations. This is because the basic requirement of the TULRAA is that Labor unions and management voluntarily solve the problems without relying on public institutions. This will be a catalyst to realize the principle of collective autonomy at a higher level with Korean labor-management relations.mean that it should be exercised only for the purpose of concluding collective agreement. The most essential purpose of collective bargaining is the determination of union members’ working conditions through the conclusion of collective agreements and the formation of collective autonomy. However, it is also an important objective of collective bargaining to resolve various problems in the process of interpretation and applying collective agreement.