공기업 단체협약의 효력 제한 —대법원 2024. 3. 12. 선고 2019다227770(본소), 2019다227787(반소) 판결의 평석을 포함하여—

The Supreme Court and the Constitutional Court have previously interpreted that collective agreements that have not been approved by the board of directors or the minister under special public enterprise laws are not valid. Considering the relationship between the government and public enterprises, the attitude of the Supreme Court and the Constitutional Court can be positive. However, limiting the validity of collective agreements based on individual public enterprise laws that do not specify collective agreements does not comply with the principle of clarity, etc. Recently, the Supreme Court affirmed the high court's ruling that affirmed the validity of a local medical center's collective agreement even though it had not been approved by the board of directors. If the validity of a collective agreement is not recognized because it has not been resolved by the board of directors, it cannot be permitted to completely and comprehensively restrict the labor union or employer's authority to conclude a collective agreement. It is questionable whether this attitude changes the legal principles of the previous Supreme Court rulings. Therefore, it is necessary to watch in the future to see whether the Supreme Court has changed the existing legal principles.