파업권 보장을 위한 필수유지업무제도 개선방안 ― 노동위원회 매뉴얼 개정을 중심으로 ―

This thesis analyzes contents and actual conditions of the compulsory maintenance systems system that has been enforced for 12 years in Korea and deduces problems of the service system. Based on these ideas, this thesis suggests ideal directions that Korean system could go forward. Previous Trade Union and Labor Relations Adjustment Act had a rule that the official authority can directly intercept in the situation and arbitrate the parties. Due to this effect, it has been a long discussion whether direct arbitration is constitutional or not. In order to end such discussions, Trade Union and Labor Relations Adjustment Act amended in December 30 2006. The new law abolished direct arbitration in essential public services and rather allowed strikes in essential public services in a certain condition. This is called ‘compulsory maintenance systems’. This thesis introduces new types of problems such as outsourcing of essential maintenance work at the required public interest business, which has been around 10 years since the introduction of the mandatory maintenance work system. After identifying the cause, we want to suggest improvement measures. Compulsory maintenance systems are to harmonize rights to strike and public interest, not to restrict the rights to strike in essential public service. Based on this idea, this thesis suggest some methods, focusing National Labor Relations Commission Manual to improve compulsory maintenance systems in Korea.