노동위원회법 제정심의의 쟁점

Abstract

The purpose of this Article is to contribute to self-reflecting the basic legal view points in making 'new road-map of the adjustments of industrial disputes', by analyzing major critical debating issues in the establishment of the Labor Relations Commission Act(LRCA) which was established in the turmoil of the Korean War at the refuge Capital Pusan in 1953. Therefore the scope of this study is limited to major legal points at issue in the establishment of LRCA and its approaching method is to research the stenographic records of the Second National Assembly(SNA) as its first material. The author argues that the most critical point at issue was the composition of the Labor Relations Commission(LRC) and the other major points at issue were the National Labor Relations Commission's right to review, the Adjudication Committee composed of only members of public interests, the status of LRC, qualification for chairman of LRC, the status of the members of LRC, and the calling of meeting and so on. The reason why the composition of LRC was the most critical point at issue resulted in that only a 'fair and independent' LRC could actually guarantee activities of Trade Union including workers' collective action, because LRC had jurisdiction over adjustment of industrial disputes and other related matters under Trade Union Act, Labor Relations Adjustment Act. The Original Bill of LRC(OB) drafted by Social Health Committee of SNA prescribed as this ; LRC should be composed of three members of workers, employers and public interests respectively. Members of SNA, Jin Han Jeon and Jin Soo Lee representing the interests of worker, who had deep distrust of role of members of public interests submitted respectively the Revised Bill of LRC(RB) different from OB in election-methods of members of public interests and number of members of workers. Mr. Jeon's RB which introduced it himself as “a impartial compromise proposal” was that the members of public interests should be elected by mutual agreement of members of workers and employers. Mr. Lee's RB was that LRC should be composed of six members of workers and three members of employers, public interests respectively. After taking a very vehement debate, OB about the composition of LRC was passed. SNA passed the most parts of OB among the points at issue except only two points. Mr. Jeon's RB deleting “status of members of LRC shall be public servants(Article 9)” of OB was passed. Mr, Lee's RB newly-enacting a provisory clause “the Chairman of LRC shall convene a meeting when the a majority of the members of LRC call for a meeting(a proviso in Article 11)” was passed. The author underscores that major factors of failing in passing of RB at issues were attributed to the split of pro-labor members of SNA after so called, 'Political Upheaval of Pusan,' namely, 'the Selected Amendment to the Constitution' and indifference of most members of SNA to labor problems. He concludes that OB and RB at issues were suffering products of minority members' initiative enthusiasm for progressing Korean legal-climate in the establishment of LRCA.