노동쟁의에 있어서 사적 조정의 기능 및 필요성과 OECD 다국적기업 가이드라인 이의신청절차의 활용 가능성

Abstract

Collective bargaining includes collective bargaining for the purpose of signing a collective agreement and collective bargaining, not for the purpose of signing a collective agreement. The TULRA of Korea defines the concept of a industrial disputes as “any controversy or difference arising from disagreements between a trade union and an employer or employers’ association with respect to the determination of terms and conditions of employment”. The TULRA defines the concept of industrial disputes too narrowly. According to this definition, only “interest disputes” aimed at signing collective agreements are approved as the subject of collective bargaining. Because of that provision, the Labor Relations Commission of Korea does not provide public arbitration services for the disagreements between parties to labor relations that arise in the process of collective bargaining, not for the purpose of concluding collective agreements. In order to compensate for this, it is necessary to actively utilize private arbitration. However, private arbitration between parties to labor relations is rarely used in Korea. In this study, private arbitration is divided into private arbitration in a narrow sense and private arbitration in a wide sense. Private arbitration in a narrow sense refers to arbitration that can replace public arbitration under TULRA. In a wide sense, private arbitration refers to arbitration for bargaining targets that are not subject to arbitration under TULRA. And I suggested the procedure, effect, and activation plan of these private arbitrations. In addition, the possibility of using the OECD disputes resolution procedure operated by the NCP as a private arbitration system in the collective bargaining process is reviewed in this study. However, I pointed out that there are some problems that must be solved in order for the disputes resolution procedure operated by the NCP to be used more actively as a private arbitration system, and suggested improvement measures.