공공기관 노동조합의 노동기본권 보장과 ILO 핵심협약의 사법적 이행 방안

There are no regulations restricting the right to collective bargaining or to conclude collective agreements by workers or trade unions in public institutions under the current statute. However, the contents of the collective agreement of labor unions of public institutions are completely bound by the government's ‘innovation guidelines’, ‘management guidelines’, and ‘budget management guidelines’ from working conditions such as wage hikes to benefits. Even the already confirmed management evaluation criteria are changed without any consultation with trade unions while the collective agreement continues to be effective, thereby neutralizing the collective agreement. The courts and the Constitutional Court have maintained that the government's various guidelines that substantially neutralize the right to collective agreements and collective bargaining are the exercise of public power, but are only guidelines recommended. However, the government's intervention and control over the right to collective agreements and collective bargaining of trade unions in public institutions violates the ILO fundamental Conventions which were recently ratified by the National Assembly and came into effect: the Freedom of Association and Protection of the Right to Organise Convention(No. 87) and the Right to Organise and Collective Bargaining Convention(No. 98). This is because the ILO Committee on Freedom of Association considers the right to bargain freely with the user on working conditions as a key element of freedom of association. In order to end the situation of ‘mismatch of law and reality’ on the conclusion of collective agreements by trade unions of public institutions, it is necessary to fulfill the responsibility of judicial institutions to implement the ILO Conventions, international labor standards.