개별적 노동분쟁의 자율적 해결을 위한 노동위원회 기능 활성화에 관한 연구

Abstract

The resolution of individual labor-related disputes through the autonomous agreement of the disputing parties would be considered the ultimate method of dispute resolution. According to the statistics of the Labor Relations Commission, a considerable number of cases are resolved through reconciliation between the parties involved. Therefore, there is a need for a more proactive role of the Labor Commission in facilitating the autonomous resolution of individual labor-related disputes. However, under the current law, the Labor Relations Commission stipulates that the judicial function is the central task in individual labor-related disputes. The Labor Relations Commission needs to review measures to promote autonomous dispute resolution by the parties to the dispute. To this end, the role of the Labor Relations Commission within the existing system or through the establishment of labor relevant laws and regulations can be summarized as follows: First, the Labor Relations Commission should actively operate the conciliation system rather than passively. It is necessary to conduct pre-mediation procedures for all cases except those where the parties refuse. Through this, the Labor Relations Commission should provide accurate information related to the case to potential parties to reconciliation and strive to reach an autonomous agreement between the parties involved. Second, it is a method of introducing the preconciliation principle, which is currently recognized only for collective labor disputes, to individual labor-related disputes. At the time of The Labor Relations Commission’s establishment, the essential function of the Labor Relations Commission was that of mediation, not adjudication. If the capacity of the Labor Relations Commission specialized in mediation is utilized for individual labor disputes, it will be able to make a greater contribution to the resolution of labor disputes. Third, it is to establish a separate organization in the Labor Relations Commission, whichhas only a judgment function, to take charge of labor consultation, advice, and mediation for potential dispute parties. If the above systems are operated by actively utilizing the human and material infrastructure of the Labor Relations Commission and investing financial resources in personnel recruitment and facilities, individual labor disputes can be prevented in advance and disputes that can be prolonged can be resolved by autonomous agreement of the parties involved. This is expected to be a way to reduce social and economic costs. Furthermore, expanding and revitalizing the role of the Labor Relations Commission in these individual labor-related disputes can be a way to reduce social and economic costs. In addition, if an atmosphere for autonomous resolution of individual labor disputes is settled by expanding the function of the Labor Relations Commission, new types of labor disputes related to platform workers and special type workers, which are currently unpredictable but may occur in the future, are difficult to regulate under the current law. It will be able to play an important role in preventing disputes in advance or ending them with autonomous resolution after they occur.