공무원노조 조직․가입 제한의 타당성 검토

Abstract

The Act on the Establishment Operation, Ect. of Public Officials Trade Unions and the Enforcement Decree of the Act had been established at Jan. 27, 2005 and Jan. 27, 2006. Unfortunately, most of public officials trade unions has pleaded that the Act and Enforcement Decree have restricted on the Fundamental Labor Rights unreasonably. Practically, the Act and Enforcement Decree have many regulation clauses for scope of public officials prohibited from joining Trade Unions, non-negotiable matters, effect of collective agreements and prohibition of industrial action. But the Constitutional Court of Korea have rejected the offers of public servants trade unions over and over again. The ILO’s international labor standards and pertinent systems in advanced countries regarding Basic Labor Rights for the civil service have pointed out which the fundamental labor rights for civil servants should not be denied except in a few cases, civil servants in positions that qualify them as ‘representatives of the employer’s interests’ under the Labor Union Act should be excluded. In principle, freedom of association should be recognized for all civil servants except for the police and the military. Regarding the scope of basic labor rights that should be recognized, especially in freedom of association for Korean public officials should be allowed in view of the basic principles of Global Labor Standards. Otherwise, the current law which restricted on basic labor rights for civil servants unreasonably will come under criticism from both domestic and international sources again.