2025년 개정 「노동조합 및 노동관계조정법」의 의의와 한계

I will conclude by summarizing the significance and limitations of the revised TULRAA. First, the significances of the revised the Act are as follows. The expanded definition of "employer" is expected to have a positive impact on determining whether a primary contractor is an employer under the Act, particularly in in-house subcontracting. Furthermore, when administrative authority concerned issues a trade union establishment certificate, the inclusion of non-employees as members in a company union no longer automatically denies the existence of a trade union under the Act. Within this framework, workers' right to organize is further protected. Furthermore, the scope of labor disputes has expanded to include management matters. This has led to a broader scope of collective bargaining and the legitimacy of industrial action. These amendment through the legislature's revision of the Supreme Court's restrictive interpretation of the fundamental labor rights is highly notable. And the Act limits the employer's claims for damages against labor unions and union officials related to industrial action, etc. This can be assessed as being in line with the prevailing Supreme Court precedent. At the same time, it can be assessed as striving to harmonize employers' property rights with workers' fundamental labor rights. Next, the limitations of the Act are as follows. The expansion of the definition of an employer raises concerns about the negative impact on genuine subcontracting contracts. Furthermore, when issuing a certificate of establishment of a labor union, administrative authority concerned shall not deny the existence of a labor union under the Act only on the grounds that a non-employee is included as a member of the company union. And the scope of labor disputes has also expanded, including management matters. The Labor Relations Commission's labor dispute mediation system must be proactive in resolving disputes between labor and management. However, the Act’s limitations cannot be ignored, as it still excludes rights disputes from the scope of labor disputes. Furthermore, it is a restriction on claims for damages against labor unions, etc. by employers due to illegal industrial action, etc. In other words the Act restricts employers' ability to claim damages from labor unions etc. for illegal industrial action. The Act's provisions regarding this matter can be assessed as reflecting the Supreme Court precedents and interpretation. Restricting employers’ right to claim damages reflects the strong will of the Legislature and the Democratic Party Government.