공무원노동조합에 대한 근로시간면제제도 적용의 법적 검토

The Time-off System was introduced in 2010 under the Labor Union and Labor Relations Adjustment Act(hereinafter referred to as “the Labor Union Act”) to ensure the independence of the labor unions and to protect and support the activities of trade unions in the workplace. Paragraph 2 of Article 24 of the Labor Union Act prescribes that the full-time labor officer shall not be remunerated in any kind by the employer during the period of said exclusive engagement. But, Paragraph 4 of Article 24 prescribes that notwithstanding paragraph 2, where it is prescribed by a collective agreement or consented by an employer, workers may conduct affairs prescribed by this Act or other laws and affairs of maintaining and managing a trade union for the healthy development of labor-management relations without loss of wages, such as consultation or bargaining with an employer, grievance settlement, or industrial safety activities, within the maximum time-off limit prescribed by Article 24-2 in consideration of the number of members, etc. of a trade union by business or by place of business. In spite of the provisions of the Time-off System on The Labor Union Act, the government employees unions have not been subject to the provisions of the Time-off System. Consequently, the government employees unions have been infringed upon the fundamental labor rights and have been unfairly discriminated against. Now, the Time-off System on the Labor Union Act should be applied to the government employees unions to solve the problem of the Constitutional law and for the stability and development of labor-management relations between government employees.