집단적 근로 조건 대등 결정의 원칙과 근로자 대표론의 의의

The principle of determination on the equality of working conditions is a principle that should be pursued in all labor relations regardless of the individual dimension and the collective dimension. On the contrary, if we consider the historical context of the labor law which aims to complete the formal equality of the individual dimension with the concrete equality of the collective dimension, the collective dimension has more significance. Therefore, the principle of determination on the equality of working conditions will find his core in the “collective”. The first purpose of this article is to demonstrate this point. In order to realize this principle, it is necessary to comprehensively understand the concept of representation as a device for legally reproducing workers, that is, a device for directing groups of workers to the main stage of the law. The concept of representation raises the question of the fundamental otherness that exists between representative and represented. In other words, it is a matter of how to secure the legal equality between representative and represented. Private law and public law are responding to this problem in its own way. If so, where is the representation of workers, between the private and the public? Reviewing this point is the second purpose of this article.