산별체제 하에서 단체협약 당사자 확정에 관한 연구

Recently, the organization of trade union has changed a lot to industrial trade union’ level. So far, it has not been difficult to confirm parties to collective bargaining in charge even if it takes the form of industrial union. Even if industrial trade union or subordinate organization of industrial trade union enters into a collective agreement, it is clear who is the party. However, different aspects can be developed under the single bargaining unit system. When labor organizations are in the process between industrial federation of trade unions and subordinate organization of industrial union, the issue is whether they have trade union status at each stage. In accordance with the procedure for the single bargaining unit, if a trade union with a status of bargaining representative union delegates the negotiating authority to a higher organization to sign a collective agreement, the issue of determining who is a party to the agreement is raised. In this paper, it was determined whether each labor organization had a status as a trade union or not by meeting the requirements of self-reliance, independence, organization and purpose. If a higher organization and a lower organization have the status of a trade union, the lower organization delegates the negotiating authority to the higher organization, and even if the higher organization concludes a collective agreement, the higher organization has signed a collective agreement in its own negotiating authority. However, it will be different if the procedure for the single bargaining unit is involved. The negotiating authority of the subordinate organization, which is the bargaining representative union, is different from the authority of the higher-level organization, so the higher-level organization has entered into a collective agreement under the status of the person in charge. That is, in this case, the party to the collective agreement shall be the subordinate organization which is the bargaining representative union. Furthermore, If an agreement has been made with an entity that simply has been delegated the negotiating authority by the employer (without having the status of the employer's organization), the effect of the agreement will also depend on the content of the delegation. In each case, there should be a thorough analysis of the regulations, articles of association and facts of each organization. Then, who is the party to collective bargaining should be reviewed and how the status varies according to the law of delegation. I agree with the conclusion of the Court ruling introduced in the paper, but I think there is something lacking in the process in which the Court draws such a conclusion.