단체협약자치의 한계- 근로조건 불이익변경과 관련하여 -

Abstract

This paper is designed to review the legal limits of collective agreement autonomy. Especially this paper work is progressed to focus on the disadvantageous alteration on employment conditions. It is possible for the trade union and the employer to change the working conditions by the modification of collective agreements. According to the principle of freedom of contract, a trade union and an employer may conclude a collective agreement that provides for better or worse working conditions. But there are some limitations in the principle of freedom of contract, those are legal basis or standard of judgement about the disadvantageous alteration to working conditions in procedural aspects and content aspects. In order to change the disadvantage of working conditions through collective agreements, it is necessary to judge whether democratic procedures including the principle of majority rule are required in a procedural manner and whether individual workers need to have the consent or authority. It is also necessary to examine whether the procedure of collective agreement and its contents can be subject to judicial review from the standpoint of collective agreement autonomy. Especially, In contrast to the judgement of the Supreme Court, when the disadvantages of the working conditions were changed, the examination of the procedural aspect and the contents side was inevitable as a subject of judicial judgement.