사용자단체의 개념에 관한 소고

Article 2(3) of the Labor Union Act defines “employers’ association” as an employers’ organization that has the authority to mediate or regulate the employers who are its members in relation to labor relations. But this Article doesn’t explain what employers’ association purpose for, and how powerful employers’ association authority is. Specifically, in terms of “purposefulness”, Labor Union Act defines employers’ association as which has a authority to their member about “labor relationship”, not “singing collective agreement”, so purpose of singing collective agreement is a enough to be fit with employers’ association, but also purpose of managing labor relationship can be a sufficient purpose of employers’ association if it has a capability to signing collective agreement stably. And the Korean Labor Union Act does not specify any specific adjustments and regulations, thus, it should be enough to impose certain unfavorable sanctions such as expulsion based on democratic decision-making methods in light of the general principles of the division. The term “employers’ association” is mentioned not only in the Labor Union Act but also in other labor-related laws. However, an employers’ association mentioned in other laws differ from the employers’ association under the Labor Union Act, thus, it is reasonable to be named as “business owners’ organization”, which are purely interest groups. This should, after all, be accompanied by legislative attempts to ensure the strictness of the terms. Employers’ association also has various obligations as parties to collective bargaining. employers’ association has the duty of sincere negotiations, but this obligation cannot be considered to bear specific forms of negotiation, such as unification negotiations. In addition, in the event of a conflict between a collective agreement signed by an employers’ association and a collective agreement signed by an individual employers, the collective agreement signed by an individual employers takes precedence according to the principle of special law. besides, there is no reason to discriminate between individual employers and employers’ association which consists of individual employers. The current law imposes unfair labor practices and fair representation obligations only on individual employers, but this seems to be a lack of legislation, and it is necessary to revise the law that includes employers’ association.