노동조합의 민주적 운영 -법제도 개선의 과제를 중심으로-

Abstract

According to Article 2 (4) of the Trade Union and Labor Relation Adjustment Act (TUA), labor union means “an organization or associated organizations of workers, which is formed in voluntary and collective manner upon the workers’ initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status.” The TUA includes several clauses which promote an autonomous and democratic operation of union, but its regulations are not enough to guarantee democracy inside labor union and protect rights of members. This paper aims to suggest new statutory regulations which are required for encouraging union democracy of its own accord without interference by the public authorities. Firstly, a labor union should get in advance a majority vote of their members in order to conclude a collective agreement which is unfavorable to employees. Secondly, union members who wish to inspect union accounts should be entitled to take copies as required, and the union must comply with this request. Thirdly, a union's power to discipline or expel a member should be limited to protect the right not to be unjustifiably disciplined. Finally, workers should not be discriminated against on the ground of employment type in relation to the union’s right to admit a member.