단결선택권과 단결하지 아니할 자유를 고려한 단결강제 제도의 모색

The union shop system contributes the improvement of worker’s status by strengthening organizational and bargaining power of the trade union, but infringes worker’s right to select a trade union and freedom not to join a trade union at the same time. Although the Constitutional Court concluded that the union shop system was constitutional and the Supreme Court ruled that the union shop system was effective on the condition that the system should consider worker’s right to select a trade union and minor trade union’s right to organize and affected only non-union members, the problem remains that the union shop system infringes worker’s freedom not to join a trade union. Given that the value of the fundamental rights in the Constitution should guarantee the substantial autonomy between the trade union and the employer, it is appropriate that the organizational compulsion system should be improved as follows: contribution to strengthen organizational and bargaining power, respect for worker’s right to select a trade union and right not to join a trade union, minimization to infringe worker’s freedom not to join a trade union, and prevention of free rider for collective agreement. For these purposes, the union shop system should be revised so that the employer must not take a disadvantageous measure an employee if he/she joins any trade unions with reflection of the intention of the Supreme Court decision. In addition, the system that non-union members should pay the money equivalent to the union fee to the trade union with the collective agreement covering the non-union members should be introduced, so the system could prevent the non-union members from free riding for application of collective agrement considering the agency shop system in the U.S.A and Canada.