노동조합에 대한 경비원조 관련 입법적 규율의 변화와 해석론

The clauses in relation to the financial support to trade union have been changed by a series of revision of the Trade Union and Labor Relations Adjustment Act. Under the current regulation, the interpretative views in relation to the financial support are as follows; Firstly, Considering comprehensively the abolition of the provisions prohibiting payment of wage for full-time union official, the stance of the Supreme Court and the purpose of the Constitutional Court’s decision in 2018, it is difficult to decide the payment for full-time union official within the working hours exemption limit as an unfair labor practice. Secondly, a collective agreement that exceeds the limit of exemption for working hours is invalid only for that part, and the payment of wage in excess of the limit of exemption for working hours constitutes an unfair labor practice. Thirdly, considering the purpose of the Constitutional Court decision and the amendments to the law, it is expected that the existing position of the Supreme Court in relation to the financial support will be discarded. Fourthly, whether or not financial support to trade union is an unfair labor act is determined based on the criteria for risk of infringing on the independence of the trade union. Fifthly, Orders for correcting the collective agreement related to the financial support and civil lawsuits are expected to decrease significantly, and it is also necessary to review legislative improvement so that the order can only be issued upon the request of an interested party.