노사자율성 강화를 위한 개별교섭 및 교섭단위분리 제도개선 방안

Abstract

2012. 4. 24. The Constitutional Court has decided that a procedures for simplification of bargaining windows does not violate the Constitution in the unanimous opinion of all the judges. In its constitutional decision, the Constitutional Court cited the system of individual bargaining and separation of bargaining units as the basis for satisfying the minimum violation of fundamental rights. As such, individual bargaining and separation of bargaining units are very important systems in terms of minimizing the infringement of the collective bargaining rights of trade unions, especially minority unions. However, the Trade Union Act has many legislative gaps with regard to both systems. This has caused a lot of confusion in the application in the industrial field, and sometimes it is the cause of labor conflicts. The Constitutional Court’s decision on the constitutionality of the system came just over a year after the implementation of the procedures for simplification of bargaining windows, and more than a decade has elapsed since that decision. In view of the dynamics of the working environment and industrial relations, the question of whether the current system of a procedures for simplification of bargaining windows is in accordance with the Constitution should be continuously studied and clarified. Despite the Constitutional Court’s ruling, it is difficult to deny that the compulsory procedures for simplification of bargaining windows inherently restricts the right to collective bargaining, as well as the right to organize and take collective action. Therefore, the collective bargaining structure under multiple unions must ultimately be transformed into a system of autonomous bargaining. However, the transition to an autonomous bargaining system is a very significant change that requires the establishment of a new industrial relations. Therefore, sufficient social discussion and consensus should be formed. First of all, efforts should be made to improve and refine the current bargaining window system so that the infringement of the collective bargaining rights of labor unions, especially minority unions, can be minimized. The objectshould be primarily the system of individual bargaining and the separation of bargaining units. And the direction of that improvement should be “strengthening the autonomy of labor relations.” By strengthening the autonomy of industrial relations, the purpose and function of both systems can be realized: minimizing the infringement of collective bargaining rights. And a procedures for simplification of bargaining windows would be more free from unconstitutionality controversy.