교섭단위 분리에 관한 법적 쟁점 — 노동위원회와 법원의 판단을 중심으로 —

Abstract

On January 1, 2010, with the amendment of the labor union and labor relations adjustment act, the separation of bargaining units, the permitting of multiple unions, and the bargaining windows unification system were newly stipulated. However, the labor relations commission and the court still do not provide specific standards for the division of bargaining units requirements. Therefore, the separation of bargaining units is still hard to apply and judge, and there are problems such as reduced efficiency and increased costs due to overlapping negotiations. Recently, the separation of bargaining units between office unions and other occupational unions has been discussed in a major way, so it is necessary to prepare specific standards for the separation of bargaining units. The revised labor union and labor relations adjustment act further increased the need to prepare standards for the separation of bargaining units. After the Republic of Korea joined the International Labour Organization(ILO) in 1999, Korea promoted the revision of the trade union and labor relations adjustment act to ratify the core conventions. And on January 5, 2021, the amendment of the act was promulgated, and the amendment came into effect on July 6, 2021. Subsequently, the ILO Core Conventions (Nos. 29, 87, and 98) were ratified on February 26, 2021. Through this process, the ground for the unification of bargaining units was specified in the regulations on the separation of negotiation units, and measures were prepared to appropriately respond to the changing bargaining situation. With these changes, the applications for the consolidation of separate bargaining units will arise in the future. Considering that the requirements for integration of bargaining units are the same as those for separation of bargaining units, the law should prepare clear judgment criteria for preventing and resolving disputes. To this end, it is also necessary to establish standards for illegality and arrogation of the Labor Relations Commission, which the court takes as a factor in its judgment. The labor relations commission and the courts sometimes set the impact that their judgment in an individual case may have on relevant industries and trade unions as a criterion for judging individual cases. However, there seems to be a need for deep consideration as to whether the judgment standard they put forward is justified. It is not appropriate to make the same judgment if the specific facts of an individual case are different, even if there are similar cases. The need for separation of negotiation units should also be judged differently based on the view that the judgment has a significant impact on the parties involved in the case.