지배 · 개입의 부당노동행위에 관한 사례 연구

In order to guarantee the three labor rights, the union law prohibits the actions of employers through the unfair labor practice relief system. Among them, the control and intervention of consultation refers to “the act of controlling or intervening in the organization or operation of a labor union by a worker.” If the original contractor is in a position to control and decide on some part of the authority and responsibility like the employer regarding the basic working conditions of workers belonging to the in-house subcontractor, and the original contractor actually dominated and intervened, such as inducing the in-house subcontractor to abolish the business, the original contractor is an employer who is the subject of unfair labor practices under Article 81 of the Trade Union Act. In the case of recommending and requesting workers to leave the labor union or conveying the intention of the employer to leave the labor union through a third party, this act is an unfair labor practice of domination and intervention as long as the employer's behavior can be evaluated together. The employer is guaranteed freedom of speech under Article 21 of the Constitution, but if there is a concern that it may hinder the independence and independence of trade union activities, it corresponds to domination and intervention. In particular, the employer's specific expression of a negative view on the labor union and the employer's urge to leave the labor union is an unfair labor practice of domination and intervention because it may hinder the independence and independence of trade union activities.