조합임원에 대한 노동조합의 징계

Abstract

The Individual Labor Relations Law strictly stipulates the requirements for the validity of disciplinary actions by employers. This is to protect the fundamental labor rights of workers who provide labor under subordinate relationships. However, there is another case where disciplinary action is taken in the field of labor law. This is when a labor union imposes disciplinary measures on its members for misconduct. The union's disciplinary action against its members is different from individual labor relations that unfold based on subordinate relationships. Therefore, it is not an active regulatory matter in labor law. However, the democratic operation of labor unions is an essential requirement for their existence, so it remains a matter of concern in labor law. Various issues can be considered regarding the disciplinary actions of labor unions against union members. Among these issues, this study focused on examining the problem of disciplining union members who hold positions as executive officers. Specifically, we can consider cases where disciplinary actions against executive officers of labor unions were taken by a disciplinary committee that reviews disciplinary actions against union members, rather than by the general meeting of the trade union that elected the officer. Among various types of disciplinary actions, we can consider cases where sanctions such as ‘suspension of rights’ or ‘expulsion’ were imposed, which temporarily or permanently deprive the member of their authority and qualifications for their misconduct. In this case, since the qualification as an officer is premised on the qualification as a union member, the disciplined person consequently loses their position as an officer either temporarily or permanently. The current Trade Union Act stipulates that the dismissal of officers is a matter to be resolved by the general meeting. Therefore, it is necessary to examine the validity of disciplinary actions taken by the disciplinary committee that result in the same outcome as dismissal. So far, the Ministry of Employment and Labor and lower court rulings have considered such disciplinary actions invalid. However, there have been no prior research results examining the validity of this stance. Based on this awareness of the issue, this study was conducted with the aim of examining the requirements for the validity of a labor union's disciplinary action against members who are officers.