단체협약 효력확장 제도의 재검토 - 사업 네트워크에서의 단체협약 효력확장 적용 방안을 중심으로

The recent ruling by CJ Logistics Corporation recognized the company as an employer obligated to accept collective bargaining with agency couriers who require negotiation. It is expected that collective bargaining with employers other than the original employer will increase in the future. In this article, at a time when bargaining beyond companies are being established, we return to the starting point where the collective agreement law was formed and review the origin of the collective agreement and its effect extension system. Through this, this article intend to establish the current bargainings and suggest the direction in which the system of expanding the efficacy of collective agreements should proceed in terms of realizing the original purpose of the system. Especially, collective agreements should be understood as a type of occupational legal norm that comprehensively and universally regulates all members of a certain occupational unit, such as a business network, industry, region, etc. The system of expanding the efficacy of collective agreements emphasizes that it is a system to protect honest employers, so that employers entering the agreement structure do not lose out and a fair competitive order can be established among employers competing in the same occupational unit.