법률의 개정과 주요 판결의 변화가 단체협약 규정에 미친 영향에 대한 검토 : 법정 정년연령의 개정과 통상임금에 관한 전원합의체 판결을 중심으로

Trade unions represented by labor members and employers of management are two parties that share collective industrial relations. The worker’s group on the labor side converges with collective intentions to determine wages, working conditions, and rights and obligations with an employer by using collective bargaining as the integration of collective intention. An operational principle of these series is collective autonomy; collective agreement is a document resulting from the principle of collective autonomy. Usually, it is called for individual regulations on a collective agreement to “provision of agreement.” The provision of an agreement is based on the collective accord between the labor union and management as the two parties in collective industrial relations. Provisions were made depending on trade union members’ needs or the stipulation changes of an act or an important court decision. Over the course of time, provisions by the latter have drastically increased. Thus, it can be assumed that changes in the regulation of an act or a court decision could have changed the norms of society in the labor sector. Hereinafter, the age-limit system is described as the example of a change of legislation and the ordinary wage decision made by the Korean Supreme Court en banc as the example of an important judicial decision. Through these, we try to study to what extent the change in legislation or important court decisions regarding the labor sector would affect the provision of an agreement as a documentary result in collective industrial relations. To this end, provisions on collective agreements in the manufacturing industry are examined. The ratio of age-limit provision in the manufacturing industry has been higher than that of the non-manufacturing industry. According to a published reference by the Federation of Korean Trade Unions research center, it was 12.9% (2014) and 92.2% (2019) before and after the adoption of the legal 60 age-limit. Nevertheless, it showed a 94.2% regulation ratio of age-limit on the provision itself in 2014. It is merely 0.4% lower than the regulation ratio of 2019. Further, it showed 2.5% (2014) and 10.3% (2019) provision ratio that the fixed bonuses should be included in ordinary wage, after the Korean Supreme Court en banc decision. We try to confirm that the revision of acts or Korean Supreme Court decisions in the labor sector lead to provisional changes in agreement. Finally, we suggest accumulating documentation of collective agreements between the trade union and the employer in order to examine and study many provisions on collective agreements using various methods.