교섭창구 단일화 제도의 헌법적 검토

Since multiple unions have been allowed in workplaces, the Labor Union Act guarantees the right of individual workers to choose to unite and the right of minority unions to actively unite to a greater extent than before, and in order to cope with the problems that may arise, it restricts the right to collective bargaining through a single bargaining channel. Single bargaining channel system restricts the labor rights of unions that are not bargaining representatives, especially the right to collective bargaining. Whether the right to collective bargaining is violated is determined by the Principle of excessive prohibition. The legislative purpose of the single bargaining channel system is to establish an efficient and stable bargaining system by enabling workers to unite and negotiate agreements on a substantially equal footing. However, the legislative purpose of establishing uniform working conditions is somewhat criticized. Single bargaining channel system recognizes the possibility for minority unions to participate through a bargaining representative trade union or a joint bargaining delegation, and minority unions also enjoy the fruits of collective bargaining. Minority unions may bargain individually if the employer agrees. The bargaining representative union and the employer have a duty of fair representation, and if there are significant differences in working conditions, the bargaining units can be separated at the request of the parties. However, some have pointed out the limitations of this system. Alternatives such as making the bargaining representative trade union a negotiator rather than a bargaining party, including only the normative part in the collective agreement, and excluding supra-enterprise level unions from the application of the single bargaining channel system are discussed. However, while these alternatives may be less restrictive of the collective bargaining rights of minority unions, they may not achieve the legislative objectives envisioned by the single bargaining window system due to duplicative bargaining and increased bargaining costs. The public benefits of a single bargaining channel system, such as the establishment of an efficient and stable bargaining system and the guarantee of substantial equality between labor and management, are significant. The restrictions on the collective bargaining rights of non-representative trade unions due to the single bargaining channel system are by no means insignificant. However, these unions have the potential to become bargaining representative unions in the next bargaining window unification process, so the restrictions on their collective bargaining rights are temporary. While establishing an efficient and stable bargaining system in the era of multiple unions, the system should be designed and operated so that collective bargaining rights can be more fully guaranteed.