경비원조와 노동조합의 자주성 ― 헌법재판소 2018. 5. 31. 2012헌바90 결정 이후 해석론과 입법론을 중심으로 ―

The Supreme Court ruled that financial support to trade union constituted unfair labor practice in relation to the independence of trade union before the amendment of the Trade Union and Labor Relations Adjustment Act in 2010. After enforcement of the Act that prescribes the prohibition of wage payment to full-time trade union officer and paid time off system, the Court has changed its stance that financial support to trade union constituted unfair labor practice without regarding to the independence of trade union. The Constitutional Court decided that the part of ‘financial support for the operation of trade union’ among Article 81 Section 4 of the Act was unconstitutional. It is inevitable that the interpretation of the Clause should be changed and the Clause should be amended with respect to the intent of the Decision of the Constitutional Court. It is reasonable that the financial support for the operation of trade union should be interpreted with regard to the independence of trade union even before the amendment of the Act. The Clause prescribing the financial support for the operation of trade union should be revised in accordance with the purpose of the decision of the Constitutional Court.