노사정위원회 합의사항의 입법과정 고찰 ― 1기 위원회의 노동법률 입법과정을 중심으로 ―

In a critical situation where failure to receive a bailout from the IMF would result in a state bankruptcy, the Tripartite Commission, which was launched on 15 January 1998, made a dramatic agreement to share the pain through a breathtaking dialogue over a short period of 20 days. On February 6, labor, management and government reached the agreement to allow basic labor rights of government employees and teachers, guarantee the union’s political activities, and legislate the employment adjustment and dispatch system. On February 9, labor, management and government signed social agreement to overcome the economic crisis. The legislation on the contents of the social agreement was realized through the revision of the Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on Protection of Dispatched Workers, and the Special Act on the Establishment and Operation of the Council of Government Employees. Looking at the legislative process, four characteristics and implications can be derived. ① The contents of the bill may vary depending on the capacities of individual lawmakers. ② Like the capacities of individual lawmakers, the capacities of the government, such as the minister, have a great influence on the legislative process. ③ If compromise is needed, it is more effective to agree on a new bill than a side comment. ④ The legislation and judiciary committee review process needs to be closely examined. In addition, comparing the legislative process of the 1st Tripartite Commission agreement in 1998 with the legislative process of the flexible worktime system in 2020: ① The time interval between the agreement and legislation is different, ② the proposers of the legislation are different, ③ The members of the National Assembly are competing for legislation, ④ the role of expert committee members was reinforced, and ⑤ the legislative party bonds were strengthened. Among the changes in the legislative environment, a prominent phenomenon in the legislation of the labor law is the reinforcement of party binding. It can be understood that the characteristics of the labor law, in which the interests between labor and management are sharply opposed, appeared in the National Assembly in the form of reinforcing party bonds. Therefore, it is necessary to establish a practice of respecting the consensus in the National Assembly and seek a model in which party members also participate in the consensus process. In addition, it is hoped that the government, the consensus subject, will take responsibility for legislation, submit the bill and actively persuade the lawmakers, thereby enabling faster legislative action.