필수유지업무제도의 운영상 문제점과 법․제도 개선방안

Abstract

The Essential Services Maintenance System had introduced for harmony and equilibrium between the Right to Strike and Protection of Public Interest, removed Compulsory Arbitration Scheme. But the Distortion in course of beginning Operation in the past 10 years, has revealed not only the loss of Workers’ Right to Strike but also the threat to Forfeiture of Resisting Labor Movement in Public Sector. For getting over the distortion or operational problems, the Amendment of Essential Services Maintenance Manual has required for National Labor Relations Committee. Especially, the restriction of Contracting Parties in Application of Essential Services Maintenance Decision, the resettlement of Jurisdiction Sphere of Labor Relations Committees will be required. And the specialty and impartiality of Mediation Committee for Essential Services Maintenance should be improved greatly. The improvement of Investigation Methods and Period Reduce of Mediation Committee, the establishment of Legitimacy of Essential Services Maintenance Decision will improve practical effect of Fundamental Labor Rights. For the Amendment of Trade Union and Labor Relations Adjustment Act, the notions of National Economy should be eliminated in the concept of Essential Public Services Enterprises. And the Duty of the conclusion for Essential Services Maintenance Agreement would be needed to impose to Employers. The setting up an upper limit of Sustenance Rate for Essential Services Maintenance, taking the lead National Labor Relations Committee in Essential Services Maintenance Decision Process, running a neutral Council for Essential Services Maintenance System would be considered for the amendment of law too.