노조법상 필수유지업무제도에 대한 소론(少論)

Abstract

This paper tries to understand and analyze the exiting laws of Korea concerning the minimum services to be maintained, including the provisions permitting replacement in the Trade Union and Labor Relations Adjustment Act. First of all, it analyzes the concepts and systems of provisions of the essential public works and minimum services to be maintained themselves to understand the minimum- services-to-be-maintained system as well as to verify adequacy of the laws concerning the minimum-services-to-be-maintained system. Secondly, this paper tries to understand the nature of the decision procedure of labor relations committees which kicks in when agreements on minimum services to be maintained is not concluded. Thirdly, this paper examines the concepts of essential service and the minimum service of ILO forming the basis of the minimum-services-to- be- maintained system, and thereby checks whether the current minimum- services-to-be-maintained system satisfies international labor standards. Finally, it studies the problems of essential service and criminal liability and the laws concerning minimum services to be maintained violating the principle of nulla poena sine lege. All of these problems are to be raised when checking the existing provisions of he Trade Union and Labor Relations Adjustment Act. Of course, it is possible to analyze various complex procedural problems apart from four of the main issues pursued in this paper. This paper, however, sets limits on the range of discussion to focus on the problems other than the procedural ones.