해묵은 과제의 청산을 위한 노조법의 과제

Issues that contradict or do not accord with the ILO conventions ratified in 2021 remain in the TUA, however. These issues will continue to cause problems because of clashes between the conventions ratified in 2021 and the Korean TUA unless the TUA is interpreted in a forward-looking way or legislative restructuring takes place. In accordance with Art. 23 of the ILO Charter, Korea must periodically report its convention implementation status to ILO’s Committee of Experts on the Application of Conventions and Recommendations starting in 2023. Efforts to resolve the issues raised will show the Korean government’s willingness to implement the ILO conventions. With reference to past referrals of Korean labor issues to the ILO and the dispute with the EU, the major issues to be resolved in the Korean TUA are summarized as follows: First, the definition of a worker; Second, the realignment of the definition of an employer; Third, the realignment of trade union establishment reporting; Fourth, the restructuring of the single bargaining window system; Fifth, the restructuring of the prohibition against paying full-time officers and time off; Sixth, the realignment of criminal penalty provisions; and Seventh and last, limitations on excessive damage claims. This study examined the above issues, starting with the awareness of the integrity of the ILO conventions ratified in 2021 and the TUA. In fact, the issues raised here were not derived only through the ratification of the conventions. These are old issues that have been pointed out over a long period of time. The ratification of the ILO conventions in 2021 with these issues is an official expression of the willingness to solve these problems. However there are no ateempts to solve the old issues. Therefore, I believe that solving these old issues is the task of the 2023 TUA, and the process of solving this issues and the results should be included in the report of the convention implementation status that Korea submit to the ILO.