독일 집단적 노사관계법상 판례 법리의 주요 특징 - 노사관계 안정화를 위한 노동조합 및 단체협약적용 관련 판례이론을 중심으로 -

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.