노동위원회 구제명령의 효력에 관한 연구

Abstract

The remedy system of the Labor Relations Commission (hereinafter referred to as “LRC”) empowers it to adjudicate disputes related to employees' rights. This quasi-judicial role, performed by the LRC, an administrative branch, may be perceived as the state's guardianship of employees. However, it is important to note that this remedy system is constrained by its inability to have a direct impact on the legal relationship between private parties. Nonetheless, it is crucial to acknowledge the functional significance of the remedy system in facilitating access to justice for marginalized workers. Instead of challenging the delegation of quasi-judicial authority to an administrative banch like LRC, it is imperative to explore legal frameworks aimed at augmenting the efficacy of the LRC's remedy order. To this end, this paper initially scrutinizes whether the LRC's remedy orders possess the essential traits of administrative actions, such as binding force, journalistic power, continuity, and enforceability. Following this analysis, this study assesses the impact of the LRC's remedy orders on private legal relationships both pre and post confirmation of the remedy order. The scope of this analysis extends beyond “remedy orders” concerning unfair labor practices or wrongful terminations, but also covers corrective orders for diverse employment discrimination claims, for which the LRC bears responsibility.