일본에서의 산업별 단체교섭 당사자 및 교섭방식

Abstract

Article 33 of the Korean Constitution protects employees' right to bargain collectively(with its employer or its employers association) as one of workers' fundamental rights to promote their labor conditions. The Article 28 of the Japanese Constitution also protects the employees' right. Under these Constitutional Clauses, all of the labor unions are organized plant by plant or company by company in both Korea and Japan. Generally, those types of unions are called "Company Unions". The movement to establish industrial level union, however, is going on especially in Korea. In the end, Korea Metal Workers' Union(it has 150,000 members) had been organized on February in 2001. It is not yet until 5 years later to establish Metal Industry Employers Federation that will have the status of a party to a Collective Bargaining. The M.I.E.F. was established on April in 2006. Even though it has very simple contents, the first Collective Agreement in the nation-wide industrial level has been ratified between the K.M.W.U. and the M.I.E.F.. Then, what happens in Japan for those matters? This article intended to study the parties to a collective bargaining on the industrial level in Japan. To study the parties in Japan, above all, I have introduced statute which has its stance against a collective bargaining and a collective agreement in both public sector and private sector. Second, I haven seen actual states of the parties to a collective bargaining. Third, I have analyzed types of collective bargaining. Finally, I have noted relationships or differences between a voluntary Labor Management Council and a Collective Bargaining system in Japan. From the point of view of the parties to collective bargaining in a nation-wide industrial level, I was able to conclude my research as follows; ① Now, in general, there is no Collective Bargaining on the industrial level in Japan. Because this conclusion has been known well as one of the extraordinary aspects of Japanese Collective Bargaining Systems, it was important to be able to confirm the conclusion again as a distinctive feature of the Japanese Collective Bargaining in this article. ② The effort of the nation-wide Employers' Federation in Japan to maintain a very strong policy line to keep a traditional Collective Bargaining Practice that an employer only bargain with its company union is not effective yet, but it will still be continued in the future. Simultaneously, it should be also emphasized that a Company Union and it's members in Japan also want to bargain with it's own employer. ③ Even though Employers' Federation in Japan regards a voluntary Labor Management Council as an important system to keep or enhance its good relationship with its employees' union or its employees, the system itself does not play an important role within a company in accordance with its expectation. ④ Finally, the trend that Japanese Labor Unions are being merged to resolve their financial difficulty and promote their bargaining power is remarkable. Furthermore White-color Unions are now being organized in the form of regional unit or national unit, and the fact that they also have a status to bargain with their member's employer is noteworthy.