한국 단체교섭권의 쟁점과 재검토

South Korea has guaranteed workers the three basic labor rights since the enactment of its Constitution in 1948; however, the labor movement remained suppressed for a long time. As the labor movement became active following the so-called “1987 regime,” labor law has evolved significantly regarding the meaning and guarantee of these labor rights. This article introduces key issues related to the right to collective bargaining raised over the past 40 years and provides a critical review of them. It examines the meaning of the constitutional guarantee of the right to collective bargaining. Subsequently, it reviews the Trade Union Act, the law specifically implementing this right, focusing on the representatives, subject matters, counterparties, and methods of collective bargaining. Currently, South Korea is in a situation where active efforts are needed to substantially realize the right to collective bargaining guaranteed by the Constitution. Understanding the constitutional right to collective bargaining as a concrete right and emphasizing the freedom of bargaining as its essential content serves as a foundation for its substantial realization. The single bargaining channel system under the Trade Union Act requires reexamination because it excessively restricts the freedom of bargaining under the pretext of bargaining efficiency. The revised Trade Union Act is desirable as it expands the freedom of collective bargaining by resolving previous restrictions on the subject matters and counterparties of collective bargaining and by mitigating liability for industrial action. To resolve the gaps in the dual labor market, working conditions must be unified by industry and sector through supra-enterprise bargaining. A new regulatory system must be formed in which laws and enterprise-level workplace agreements regulate matters in a complex manner, centering on supra-enterprise collective agreements.