노동3권 보장질서와 ILO 협약 간의 관계 재검토

Abstract

In 1994, the International Labor Organization (ILO) is a three-party consultative body in which government representatives, workers' representatives and employers' representatives participate. Korea officially joined the ILO as the 152nd member state on December 9, 1991, after wishing to join the ILO at the 75th General Assembly in June 1988. In 2021, Korea ratified No. 87 (Convention on Freedom of Association and Protection of the Right to Organize), No. 98 (Convention on the Right to Organize and the Right to Collective Bargaining), and No. 29 (Convention against Forced Labor) among the core ILO conventions. In short, all core conventions except Convention No. 105 have been ratified. And as of April 20, 2022, the ratified convention came into force. There are concerns that the ratification and application of the ILO core conventions will completely change the existing labor-management legal system and practice. These concerns are too great. The Korean legal system also exists to effectively guarantee the right to organize, to guarantee the right to collective bargaining, and to guarantee the right to collective action. The ratification of the Core Convention is not the product of political debate. It is a device to secure practical equality between labor and management. The obligation of the state to be neutral in industrial action needs to be emphasized once again. Substantial guarantee of the autonomy of the Convention should be the goal to be pursued and achieved through the ratification and entry into force of the ILO core conventions. To this end, it is necessary to further improve the current union law. The core convention is the general discipline on labor human rights. Its content is very comprehensive. There will be no cases that clearly conflict with the laws of our country. This is because the law on labor unions was enacted within the scope that harmonizes with the three labor rights in the Constitution.