교원의 단결권보장과 해직교원의 노동조합가입 제한의 문제

Abstract

Constitution law Article 33 (1) states that workers shall have the right to independent association, collective bargaining, and collective action. Thus, Workers have the labor’s three fundamental right by the Constitution. The issue that who are the subject of the labor’s three fundamental right is very difficult. We can resolve to clearly define what the worker’s concept is. And the issue that who are the subject of the labor’three fundamental rights of Teachers and Public servant is too. Constitution law Article 33 (2) is an object of review because it is that limits the labor’three fundamental rights of Teachers and Public servant. Under the current labor law, the dismissed employees from a workplace or the dismissed teachers should not be qualified to become union members by the Article 2 sub-paragraph 4 of the Labor Union and Labor Relations Adjustment Act and by the Article 2 of the Act on the Establishment, Operation, etc., of Labor Unions for Teachers. Nevertheless, the KTU's constitution still allows 9 dismissed workers to remain members. The Supreme Court is supporting Government position that Government refused an application to be recognized as a trade union which was submitted the Korean Government Employees Union. For all that, this problem is not completely resolved. To join the Trade Union of the dismissed teacher limited is to limit the right to organize. And it is the matter that May need to be applied to the Nationwide Labor Union as well. If we do not solve this problem, its argument will be continued. Labor Law Article 2. (4). (라) and ACT ON THE ESTABLISHMENT, OPERATION, ETC., OF TRADE UNIONS FOR TEACHERS Article 2, in relation to join the Trade Union of the dismissed teacher, can be applied to the Trade unions of Business units. And the Nationwide Labor Union be forced to apply its application by Government may be a breach of the constitution. The Constitutional Court and the Supreme Court said that it is applied the Trade unions of Business units, and said many of doctrines, too. Therefore, these clauses should be demanded as soon as possible.