일본의 복수노조 병존하의 노사관계·노무관리의 경험과 시사점

Abstract

Korean Union Labor Law had denied plural union system until 1997. In other word, if a labor union was established in a company already, new labor union that the member of labor union are duplicated can not to be established in same company. In this point, Korean Labor Union Law contained unconstitutionality that violate the right to organize which Constitution Law guarantee. Therefore, many scholars and labor unions have argued to eliminate the clause that prohibited new labor union in same company. In result, when Labor Union law was amended in 1997, the clause that had been prohibited new labor union was removed. So, there is no problem to establish new labor union in same company. In the spite of that, the additional rule of Labor Union Law has a grace period of the application of the law and plural labor union system is prohibited until the end of this year. However, the grace period will be expired to end of this year. Beginning next year, any employees can organize new unions in same company. In this way, if many kinds of labor unions are organized suddenly, many employers and Korean Government worry about occurring a lot of labor disputes between labor unions and employers or other labor unions. So, Korean Government tried to unify plural labor union of collective bargaining. In Japan, plural labor unionism has been stabilized since Japanese Labor Union Law was enacted in 1946. All of labor unions have the right of collective bargaining in Japan. In this point, American collective bargaining system which only the labor union that won in the election has the right of collective bargaining with employer(exclusive collective bargaining system). As you know, Korean labor law system and labor unionism are very similar to Japanese Labor Law and Unionism. So, it is very useful to research about Japanese Labor Law and Unionism.