결사의 자유 기본협약 관련 단체교섭 및 쟁의행위 쟁점 검토

Conventions Nos. 87 and 98 on freedom of association are fundamental conventions and ILO Member states should abide by the principles of fundamental rights under these Conventions, even if they have not ratified them. The ratification of the fundamental conventions on Freedom of Association and the improvement of domestic institutions and practices for this purpose are urgent tasks to be achieved. This paper examines seven issues related to collective bargaining and industrial action, among other issues under the Trade Union and Labour Relations Adjustment Act (TULRAA), which are problematic in ratifying Conventions Nos. 87 and 98. The issues to be examined include the scope of negotiable subjects, the unification of bargaining channel, the promotion of various forms of collective bargaining, the duration of collective agreement, criminal sanctions for peaceful strikes, workplace occupations and the prohibition of hiring to replace strikers. This paper not only analyzes whether the current system and judicial precedents meet international labor standards on freedom of association, but also evaluates the legislation amending the TULRAA announced by the Ministry of Employment and Labor on July 31, 2019. In addition, it suggests directions for improvement that are considered desirable.