개정 노조법의 주요 내용과 쟁점
The main content and issues of “Trade Union and Labor Relations Adjustment Act” as amended in 2021
박종희(고려대학교)
78호, 131~169쪽
초록
In this paper, I studied the contents of the amended “Trade Union and Labor Relations Adjustment Act”, promulgated on 6 January 2021, and the key interpretational issues that could be raised accordingly. The background of the amendment to the Act was to improve the ratification of the ILO fundamental conventions. The main amendment to ratify the conventions is to allow fired workers to join enterprise trade union. But it's from the misconception of enterprise trade unions, so nothing really has changed. In addition, the removal of the prestigious provisions for full time officer of trade union and the unification of time-off system in order to accommodate the ILO's recommendations does not change in a large framework. However, it has been confirmed that there are parts that can be interpreted differently than before. In addition, some of the previous theories and precedents stipulated by law what was recognized through interpretation. Some of those parts have unintended additional implications. For example, the new regulations relating to trade union activities, not worker in business or workplace of business and the stipulation of partial and coexistent sit-down strike have taken on additional significance.
Abstract
In this paper, I studied the contents of the amended “Trade Union and Labor Relations Adjustment Act”, promulgated on 6 January 2021, and the key interpretational issues that could be raised accordingly. The background of the amendment to the Act was to improve the ratification of the ILO fundamental conventions. The main amendment to ratify the conventions is to allow fired workers to join enterprise trade union. But it's from the misconception of enterprise trade unions, so nothing really has changed. In addition, the removal of the prestigious provisions for full time officer of trade union and the unification of time-off system in order to accommodate the ILO's recommendations does not change in a large framework. However, it has been confirmed that there are parts that can be interpreted differently than before. In addition, some of the previous theories and precedents stipulated by law what was recognized through interpretation. Some of those parts have unintended additional implications. For example, the new regulations relating to trade union activities, not worker in business or workplace of business and the stipulation of partial and coexistent sit-down strike have taken on additional significance.
- 발행기관:
- 한국노동법학회
- 분류:
- 노동법