공무원의 노동기본권 제한의 문제점에 관한 연구 -단체활동에 관한 ILO 협약 비준을 중심으로-

Abstract

South Korea has chosen a system of vocational civil servants. As interest in labor rights increases, the need to guarantee basic labor rights for civil servants is increasing. Recently, some ILO agreements have been ratified, and there have been attempts to expand the scope of basic labor rights for civil servants. However, it is hard to believe that sufficient discussion on this has yet to take place. Restrictions on their basic labor rights are also stipulated in the Constitution because civil servants demand public character and neutrality in their duties. In this paper, we will discuss specific labor rights and related ILO agreements, starting with discussions on the restriction law on the basic labor rights of public officials. Restrictions on the basic labor rights of civil servants are stipulated in the Constitution, the National Public Service Law, and the Local Public Service Law. The ratification of the ILO agreement has expanded the scope of union membership under the Civil Service Union Act. However, it is questionable whether substantial guarantees are possible because there are exceptions. Therefore, understanding of foreign cases and ILO agreements will help to examine their effectiveness. Furthermore, it is necessary to understand the contents of the theories and judicial precedents concerning the nature of each act in relation to the separate provisions of collective acts and acts of dispute by public officials. Legal discussions and the development of relevant laws and regulations are needed to more clearly establish the concepts of dispute and collective action.