교섭대표노조의 법적 지위 관점에서 본 공정대표의무의 의의와 내용

Abstract

It has been five years since the single bargaining channel system was introduced. The system is currently going to take root. However, there has been a lot of controversy over the single bargaining channel system. A typical example is duty of fair representation.

While the article 29-4 of the Act stipulates that “The bargaining representative union and employer shall not discriminate against trade unions participating in the procedure for determining the bargaining representative union or their members without any reasonable grounds.”, its legal basis and characteristic is not clear.

Even though there are many other issues, this study aims to review the duty of fair representation in terms of the legal status of bargaining representative union. Furthermore, this paper examines classic example - Time-off system, labor union office - on the basis of the reviews.

In conclusion, the bargaining representative union has separate, independent representative status. The duty of fair representation plays roles in providing the basis of for justification of collective agreement, ensuring union democracy. Therefore, bargaining representative union has duty of fair representation which includes both procedural and substantive perspectives.