현행 노조법 상 노조전임자 제도에 관한 법이론적 재검토

Abstract

Normative perspective, union officials should not be paid for from his employer. Unions, only if securing independence from employer can have their own role faithfully, but if the union got wage from the employer, the security of independence would be difficult. There is no doubt that we need regulations of prohibiting the payment for labor officials from employer in terms of the advancement of labor relations. Thanks to the amendment of the of labor union law in 2010, we made a progress in the field of legal rightness that employer should not pay to the union officials. To make this situation substantially the exemption system was newly introduced. Preparing for this kind of complementary system and the enforcement, we should have detailed reviews on the working reality and legal rightness and make them harmonious. Employer and labor union need to compromise works between company itself and the union about paid works. In the former, the payment can be seen as a wage. To that wages, determining the paid working limit would be pointless. In contrast, in the latter case, the cost of the work should be considered the expense of the employer. At this point the union and the employer must share the costs reasonable, and the sharing method is about the limitation of paid working hour exempt. Beyond that limitatin, the union should cover any costs by themselves. But without these considerations, the current system, there is just a general limit set. This kind of way considering the poor financial situation of labor unions might force them to employ an expedient of avoidance phenomenon. In addition, Complementary measures may be necessary to secure the independence for short-term union officials.