부당노동행위 구제신청의 신청기간에 관한 검토

Abstract

Employees or labor unions can apply for remedy from the employer's unfair labor practices to the Labor Relations Commission. The application for remedy must be made within three months from the date of the unfair labor practices. The period for applying for discrimination correction for temporary workers is 6 months, and compared to Japan’s period for applying for remedy from unfair labor practices, which is set at 1 year, the period for applying for remedy from unfair labor practices under Korean law is considerably shorter. If the unfair labor practice is a ‘continuing act’, the period for requesting remedy is calculated from the ‘end date’, but it is difficult for the applicant to clearly know in what cases it constitutes a continuing act and when the end date of the continuing act is. It is not easy to comply with the remedy application period. As seen in cases of repeated disadvantageous treatment in wages or promotions, or cases of the primary agency’s refusal to engage in collective bargaining, which have recently become problematic, in cases of actions that span a considerable period of time, compliance with the period for requesting remedy may become a key issue in remedy procedures or litigation procedures. In this article, we examine the judgment standards of the Labor Relations Commission and the court in relation to the period for requesting remedy from unfair labor practices, and explore the direction for interpretation and legislation through comparison with domestic and foreign cases of similar systems.