ILO ‘결사의 자유’ 핵심협약 관련 노조법상의 쟁점 해결 방안 ― 단결권에 관한 사항을 중심으로 ―

The purpose of this paper is to contribute to the prompt ratification of the fundamental conventions on the freedom of association by suggesting measures to address issues related to the right to organize among the ILO's recommendations on improving the labor law system in Korea. The key points of the solutions presented in this article are as follows. First, the concept of worker in section 2(1) of the Trade Union and Labour Relations Adjustment Act (TULRAA) shall be amended to ensure that self-employed workers fully enjoy freedom of association rights. In defining self-employed workers, it is necessary to take into account not only the economic dependency but also the organizational, functional or technical dependency factors that result from the incorporation into a specific business so that various types of self-employed workers can be covered by the TULRAA. Second, the provisions prohibiting dismissed workers and unemployed workers from keeping their union membership shall be repealed. If the union membership is expanded, section 23(1) of the TULRAA, which restricts union officers' membership to union members, is unlikely to be abused by employers. Therefore, it may be possible to maintain the provision. However, there is a problem that the freedom to elect qualified non-union members as union officers is limited, so it is necessary to seek a solution in the long term. Third, union members or trade union officers who are not employed in the enterprise should be guaranteed the right to enter the workplace for legitimate union activities. Since the business operation of the employer should not be hindered by the entrance of the workplace, measures should be taken to resolve the conflict between the right to enter the workplace and the effective business operation of the employer. Fourth, section 2(4)(d) of the TULRAA shall be deleted so that the union registration system is not operated in a manner contrary to the freedom of association principle, and in order to prevent the administrative office from refusing to apply for registration of labor unions through discretionary examination, the reasons for refusal in the TULRAA should be defined more clearly. Section 9(2) of the Enforcement Decree of the TULRAA, which allows the administrative office to notify a trade union that it is not a legitimate union, should be abolished because it is likely to be contrary to Article 4 of the ILO Convention No. 87. Finally, the provisions prohibiting employers from paying wages to full-time union officers should be abolished, and it is required to improve the paid time-off system in section 24(4) of the TULRAA so that employers and trade unions can autonomously determine wage issues of full-time union officers. It is also necessary to establish a new criterion that regards the payment of wages by employers to full-time union officials as one of unfair labor practices, since such payments could hinder the independence of trade unions.