노동분쟁 해결시스템의 변화에 따른 부당노동행위의 제도적 적응과 개선방안

Abstract

As an organization for resolving labor disputes, the establishment of a labor court that can replace the judgment function of the labor committee has been consistently argued. Since the 1960s, discussions on labor courts have had a different purpose for each group and period of argument. From the late 1970s to the early 1990s, when the introduction of labor courts was actively discussed in the government and management as well as in labor and legal circles, the establishment of labor courts was promoted as a means to curb labor disputes and control democratic union movements. Since the 1990s, the introduction of labor courts as an axis of judicial reform has been discussed, and legislative efforts have continued, but no significant progress has been made. This is due to the fact that the purpose of the introduction of the labor court is not clear, that the participation or cooperation of the labor union movement is not taking place, and that judicial reform is not being promoted properly. The establishment of the labor court is based on the fact that the labor disputes can be resolved efficiently and quickly by unifying the current labor dispute resolution system, which is divided into administrative relief procedures by the labor committee and the judical relief procedures by general court, into a labor court. With the establishment of a labor court, the labor committee is also bound to change, which entails inevitable changes in the method and content of the relief system in cases of unfair labor practices. Opposition to criminal punishment for unfair labor practices continues to be raised. This requires a critical review. In addition, a legal review of the requirements for unfair labor practices and the content and scope of the relief order is required according to the hearing and judgment procedure of the labor court. This will be dealt with in order to invalidate unfair labor practices and subsequent juristic acts and realize restoration, along with injunction against acts that violate the rights of workers and trade unions. On the other hand, the current Labor Union Acts take individual constituent requirements, but it is necessary to review the general provisions of unfair labor practices. Above all, it is a top priority and essential task to exclude the requirement of the employer's intention that make a practically difficult to relieve unfair labor practices.