교섭대표노동조합과 그 대표자의 의무와 단체협약의 효력

Abstract

In discussing the responsibilities of the bargaining representative union and its representatives and the effectiveness of collective agreements, it should be reminded that the legal effect of the collective agreement and the labor union representatives’ right to conclude a collective agreement are based on authorized consent and union democracy. In this regard, it is necessary to actively interpret that the duty of fair representation includes an obligation not to be arbitrary, discriminatory and insincere. The representative of the bargaining representative union shall be obliged to share information and to listen to opinions in collective bargaining, as well as to guarantee the procedural participation rights of the members of the bargaining participation union under the rules. If the representative of the bargaining representative union violates these obligations, he shall be liable for damages for illegal activities. Any collective agreement signed by the bargaining representative union in violation of its duty of fair representation or any collective agreement signed by the representative of the bargaining representative union in violation of the procedural participation rights of the members of the bargaining participation union shall be deemed invalid due to violation of the restriction of representative rights under statutes or due to abuse of representative rights.