집단적 노사관계법에 대한 성인지적 검토

Labor-management autonomy acts as the fundamental principle when it comes to collective labor relations, including collective bargaining and collective agreements. Nevertheless, the primary reason for pushing the enforcement of legal mandates or actively promoting gender equality during negotiations and agreements between labor and management is because the gender gap in the three primary labor rights (the right to organize, the right to negotiate, the right to act) remains serious and persistent. Female representation during labor union decision-making is very low. So is the proportion of gender equality in the collective agreement agenda. The gender gap in the exercise of the three primary labor rights is simply too great for one to expect only the voluntary actions of unions and employers to lessen that gap. In fact, the gender gap is so great that the potential of collective bargaining and collective agreements to contribute to the realization of gender equality fails to be realized. The second reason for legislative improvement is that the law can effectively complement the role of collective bargaining for the realization of gender equality in the three primary labor rights. Legislation can empower trade unions to monitor gender gaps in the work place and provide workers with standards and collective and individual remedies for equality in working conditions. Labor legislation that enables gender equality negotiation is considered one of the important factors that enable collective bargaining and collective agreements to contribute to the realization of gender equality.