단수노조가 체결한 단체협약의 법적 성격

Abstract

This study focused on whether the newly established union could demand the application of the collective agreement through bargaining in workplaces with collective agreements concluded by existing single union. The issues of the Supreme Court's Coreworld case ruling and the recent National Labor Relations Commission ruling were reviewed. Considering the purpose of the single bargaining channel system for the unified formation of working conditions and the structure of the single bargaining channel system for determining representative unions, the legal status of the existing single union and the legal nature of the collective agreement concluded by the existing single union were reviewed again. Even if a collective agreement concluded by an existing single union is in the relevant business or workplace, a newly established union may bargain the application of the collective agreement. This is because members of newly established unions have the right to collective bargaining under the Constitution, cannot fundamentally restrict the exercise of their basic rights by the Enforcement Decree. This is because they also have the right not to be discriminated against because of when the union is established or which union they belong to. This study attempted an interpretation to prevent the collective bargaining rights of newly established unions from being violated in the single bargaining channel system, but in the long run, law revision and system improvement are also needed.