단결권의 이해

Abstract

This paper reviews the right to organize, considered to be one of the labor’s three primary rights, from the viewpoint of ratification of ILO Convention No. 87 and constitutional guarantee. No one would challenge that the right to organize has an aspect of the right of freedom. This paper starts from basic critical minds such as what the right to organize as a right of freedom means, what position the right to organize has in the labor’s three primary rights as constitutional right of freedom, and what the relation between the constitutional right to organize in Korea and freedom of association or the right to organize in the ILO Convention No. 87 is. What follows after sorting out the critical minds mentioned above is, of course, the freedom to organize. The freedom to organize means not only the freedom to or not to organize, but is freedom to negotiate and act based on that freedom. Because the whole freedom to organize connected to right to dignity in Article 10 of the Constitution can be meaningful by including the freedom to negotiate and act, and can get the meaning as right to organize going beyond the constitutional freedom of association. When considering the right to organize in this viewpoint, the limits of union shop system, union establishment report system, and exclusion of conciliation service of labor relations boards.