독일 집단적 노사관계법상 판례 법리의 주요 특징 - 노사관계 안정화를 위한 노동조합 및 단체협약적용 관련 판례이론을 중심으로 -The Principle of Judicial Decisions on German Labor Relations Laws - On the Decisions treating with Labor Unions and Collective Bargaining Agreements for the Stable Labor Relations
- Other Titles
- The Principle of Judicial Decisions on German Labor Relations Laws - On the Decisions treating with Labor Unions and Collective Bargaining Agreements for the Stable Labor Relations
- Authors
- 박종희
- Issue Date
- 2010
- Publisher
- 고려대학교 법학연구원
- Keywords
- 사회적 세력; 쟁의행위준비태세; 단일 단체협약 적용의 원칙; 단체협약의 경합; 단체협약의 병존; 노동조합 개념; 단결체와 노동조합; 교섭창구단일화; 교섭대표기구; 교섭대표노조; 공동교섭대표단; social power; preparation to strike; single collective bargaining agreement; the conflict of collective agreements; collective agreements in parallel; the define of labor union; association and labor union; single bargaining unit; representative body; representative labor union; joint representatives for collective bargaining
- Citation
- 고려법학, no.58, pp.395 - 429
- Indexed
- KCI
- Journal Title
- 고려법학
- Number
- 58
- Start Page
- 395
- End Page
- 429
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/134573
- ISSN
- 1598-1584
- Abstract
- A lots of the principles in German labor relations laws have been developed by judicial decisions because the effective acts did not exist for the labor relations. Most of all, the Federal Court of Labor has still maintained two important principles, even though many scholars have objected them. The one is the principle of social power to be legally recognized as the labor union. The other one is only one agreement to be binding, when collective agreements happen to exist in plural.
This is to explore the implications of the judgments of the Federal Court of Labor for us with specific cases. The judgments and interpretations of the court could be a kind of guidance for some complex issues surrounding the provisions of single bargaining unit to be effective next year in Korea.
The Federal Court of Labor in Germany tends to put emphasis on the legal stability rather than the logic of legal theory. It can be considered as very useful methods to interpretate and apply our labor relations laws in the future.
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