부당노동행위 구제제도의 실효성 확보를 위한 제언

In the above, some legal issues were examined to secure the effectiveness of the unfair labor practice remedies. In short, First, the right to apply for the relief of unfair labor practice is available to both workers and unions whose rights have been violated. Unlawful unions, if they have independence and democracy, should seek remedies for all types of unfair labor practices. In particular, Article 7 of the Trade Union Law should be deleted in the sense that bargaining or negotiating intervention against non-union unions is possible. Second, in order to secure the validity of an unfair labor practice remedy, it is not considered that the remedy was made by merely admitting unfair labor activity or by posting a notice or a decision on the bulletin board, and there is no general preventive effect to eradicate unfair labor activity. Therefore, effective unfair labor practice relief orders such as administrative sanctions are required. Third, unfair labor practice doctors are considered unnecessary in the system of unfair labor practice remedies. This is because it is sufficient to assume that unfair labor behavior is estimated from objective facts and to shift the burden of proof that requires the disprovement of the user. Only by relieving the burden of burden of proof on the part of the workers can the effectiveness of the system of remedy for unfair labor practices be secured. Fourth, it is desirable to resolve unfair labor practices by administrative remedy rather than criminal punishment on the basis of original restorationism rather than coexistence. This is because punishment that punishes employers is ineffective even from the viewpoint of labor and management autonomy. Rather, it is possible to consider civil solutions (such as compensation) for unfair labor practices of employers, corresponding to civil solutions (compensation and imprisonment / disposal) for illegal disputes by trade unions. Lastly, under the system of unification of bargaining windows, unfair labor practices of representative unions against minority unions can be solved by recognizing unfair labor practices of trade unions under union law.