국제노동기준에 부합하는 노동조합 자격심사

Articles 33 of the Constitution and Articles 5, 10, and 12 of the Trade Union Act stipulate workers’ right to organize, the principle of free establishment of trade unions, the report of the establishment of a trade union to the administrative office, the issuance of a certificate of establishment by the administrative office, and the return system of the report of establishment. There are also positive aspects of this establishment reporting system, such as enabling efficient labor administration through formal and substantive examination by the administrative office, but on the other hand, it is also difficult to deny that substantive examination by the administrative office’s intervention is likely to violate the light to organize under the Constitution and the ILO Convention on Freedom of Association. Therefore, it is necessary to improve the overall establishment reporting system in the direction of guaranteeing free establishmentism under the Constitution and international labor standards. First, the formal examination and substantive examination are institutionally separated, and the formal examination is managed by the administrative office as it is currently the case, but the examination is conducted only with documents submitted by clarifying the examination criteteria so that there is no controversy, and the substantive examination is to fundamently block the intervention of the administrative office by having the labor relations commission with labor relations expertise in charge. Next, the substantive examination (qualification examination) under the control of the Labor Relations Commission, shall be reviewed at the age of the use of each procedure(adjustment of labor disputes and application for relief of unfair labor practices) by the Labor Relations Commission based on the principle of checks and balances between labor and management parties, if there are objections regarding the independence of employers and competitive unions, and if more than two-thirds of the members raise objections regarding independence within individual unions, the review shall be conducted from time to time regardless of the stage of use of the Labor Relations Commission’s procedures. In this way, I think it will be possible to operate a rational system that conforms to the principle of free establishment of trade unions under the Constitution and international labor standards without infringement of the right to organize by the administration while maintaining the efficiency of labor administration.