원･하청 관계에서 원청의 단체교섭 의무

In recent years, in the increasingly complex social structure, labor relations have become multi-faceted and multi-level labor relations have been formed, away from the traditional two-sided appearance. Typically, there is a contract between the original and the subcontract. The Central Labor Relations Commission recognized the user nature of the original office as the subject of refusal to collective bargaining, which is the type of unfair labor practices, through the judgment of CJ logistics case in 2021 and Hyundai Steel case in 2022. These two judgments applied the practical ruling of the Supreme Court of Hyundai Heavy Industries in 2010. In the meantime, the Supreme Court has judged that the parties to implement collective bargaining are those who have labor contract relations. The judgment on the control and intervention among the types of unfair labor practices in 2010 is that the person is in a position to control and decide practically and specifically enough to assume that he is in charge of some authority and responsibility as the employer who hired the worker with respect to the basic working conditions of the worker. The Supreme Court precedent law referred to by the Central Labor Relations Commission's ruling, which is currently being discussed, is a reference to the Supreme Court ruling in the Asahi Broadcasting case in Japan. And when the original office is recognized as the subject of collective bargaining by the actual control, it should be integrated and organic interpretation in connection with the users prescribed in the union law, It is necessary to identify the problems of the process of unification of bargaining windows, the confirmation of collective bargaining targets, the mediation process of labor disputes, and the prohibition of alternative labor for disputes. The original contract is recognized as the subject of collective bargaining based on the actual dominance in the contract-subcontracting relationship. The problem is the unification process of the Authority to Bargain and Make Agreement, the confirmation of collective bargaining targets, the qualification of the parties to the labor dispute mediation process, Various problems occur in a series of processes that implement collective bargaining. Subcontracting unions will be able to negotiate with the original office without going through the Authority to Bargain and Make Agreement under the current law. There is a problem of how the original and subcontracting can distinguish the object of collective bargaining. The enlargement of users to the provisions of the Disqualification of Parties and the Prohibition of Alternative Work under the Trade Union and Labor Relations Adjustment Act (Article 43) is also a problem. In this way, the concept of users in the Trade Union and Labor Relations Adjustment Act should be interpreted and applied organically within the legal system. It is not appropriate to expand and apply users who have no labor contract relationship based on practical dominance in the contract-subcontract relationship.