간접고용과 교섭창구단일화 절차 ― 사업 또는 사업장 교섭단위의 적용을 중심으로 ―

On July 1, 2011, the single bargaining channel system was implemented. It is clear that the single bargaining system violates labor's three primary rights(Article 33 (1) of the Constitution). This article discusses the following two issues in order to guarantee the collective bargaining rights of indirect workers. Regarding the first issue, international labor standards, foreign legislation, the norms of collective bargaining right guaranteed by the Constitution, the significance of ensuring the right to collective bargaining, and the traces of the bargaining representation system were examined. As a result, it concluded that the bargaining representative system, which separates the right of collective bargaining from trade unions, intrinsically infringes collective bargaining rights. In the meantime, since the implementation of the system, there have been serious violations of the right to union in the actual operation. Therefore, it is necessary to review the constitutionality decision of the Constitutional Court. In relation to the second issue, in collective bargaining, employers are not only meant for employers in direct employment relationship(expansion of employer concept). And if the single bargaining channel procedure actually enforces the corporate collective bargaining, it infringes on the nature of collective bargaining rights of indirectly employed workers. Therefore, it should be understood that the procedure for the single bargaining channel procedure is a procedure that applies only to the bargaining unit of a business or workplace with a direct employment relationship. Collective bargaining of indirect workers should be possible without going through such a procedure.