공무원노동조합에 관한 비교법적 연구 - 노동3권의 인정범위를 중심으로 -

Abstract

The Act on the Establishment and Operation, etc., of Public Officials' Trade Unions was enacted in 2005. Public Officials' Trade Unions have been active since. It took a long time for Korea to establish a Public Officials' Trade Unions, because there was no explicit provision in the 1948 Constitution. The vocational civil service system was also first documented in the 1960 Constitution. The three labor rights of public officials were first limitedly mentioned in the 1962 Constitution. This is still in the current Constitution. The Constitution does not guarantee the three labor rights to civil servants, except for employees who are civil servants, so for a long time public servants were not allowed to form trade unions. The State Public Officials Act , with the exception of the labor movement of officials engaged in labor, actually granted three labor rights to public officials engaged in labor. According to the Constitution and the law, in fact, public officials engaged in labor are guaranteed three labor rights. However, in 2005, the Act on the Establishment and Operation, etc., of Public Officials' Trade Unions was enacted, allowing a range of officials to exercise their right to organize and to bargain collectively. Although the labor movement of civil servants has been activated by the enforcement of the law, officials who join the trade unions, except for public officials engaged in labor, have no right to collective action. This can be found in Article 66 (1) of State Public Officials Act , which prohibits collective action from public officials and prohibits the labor movement. In this way, the law prohibits the right of collective action of public officials who join the civil union, and prohibits political movements. In order to solve the problem of three labor rights of Korean public officials, it is also important to compare them with foreign ones. The issue of guaranteeing the basic labor rights of public officials is closely related to the civil service system of the country. The civil service system varies from country to country because of the historical development and characteristics of the public officials system, the political situation and the economic and social environment. Korea, Germany, and Japan, which guarantee the vocational public officials system in the Constitution, do not allow the right of collective action to vocational public officials. In Germany, in particular, trade unions are not given the right to collective bargaining. And in the US, federal officials are not allowed to take collective action. In order to solve the problem of the three labor rights of korean public officials, the characteristics of countries that do not allow the right of collective action to foreign officials are greater than that of those who do not. In Korea, the issue of disapproval of the right to collective action of civil service unions has been controversial. You will have to wait. In addition, it will be difficult to allow the public officials system unless it changes the retirement age system by changing the vocational public officials system. This requires a careful approach.