노조전임제의 법리와 입법론적 과제

Abstract

The full-time union official system in Korea has become the most outstanding issue of the collective industrial relations even before the amendment of the law in 1997. The long process for the reasonable solutions had started by the Presidential Commission on Industrial Relations Reform. However, it is not too much to say that it is still a pending issue. Even though a public-interest plan thereon was made by the Tripartite Commission, it has not been adopted for the amendment of the law, and it is an actual situation that we cannot help expecting its amendment will come true after 2006 through the political compromise between the companies and labor unions. With respect to the wages for the full-time officers, the labor unions are demanding that it should be left to the unions' autonomy as the past before the amendment of the law. On the other hand, the employers are insisting that this issue should be regulated by the law. From the viewpoints of the legal system, it is possible that the demands from both parties could be realized. However, both of all have their weaknesses in the following aspects: in case of the labor, "the Inde-pendency of the labor unions", and in case of the employers, "the Compliance of the International Standards" Neither of both parties' demands have a fundamental superiority over the other party, so that the concessions and compromise for the systematic rationalization are required. In this essay, I reviewed the discussions on the amendment of the laws concerning the full-time officers, and analyzed the issues concerning the constructions of the current laws, and then I made some legislative suggestions concerning the future formation of the legal system: (Thesis 1): The wages for the full-time officers of the industrial unions working at the transcendental enterpise shall be borne by the labor unions. (Thesis 2): The wages for the full-time officers of a company may be paid by the employer of the company. However, it is not reasonable solution by itself, so that we have to make rational efforts not to damage its fundamental fairness.