개정 노조법의 주요 내용과 쟁점The main content and issues of “Trade Union and Labor Relations Adjustment Act” as amended in 2021
- Other Titles
- The main content and issues of “Trade Union and Labor Relations Adjustment Act” as amended in 2021
- Authors
- 박종희
- Issue Date
- 2021
- Publisher
- 한국노동법학회
- Keywords
- enterprise trade union; joining the union of fired worker; legitimate trade union activity; partial and coexistent sit-down strike; time-off system; union member who do not work in business or workplace of business; worker in business or workplace of business; 개별교섭시 차별금지; 교섭단위 통합; 근로시간면제; 기업별노동조합; 부분적・병존적 직장점거; 비종사조합원; 정당한 조합활동; 종사근로자; 해고자 노조 가입
- Citation
- 노동법학, no.78, pp.131 - 169
- Indexed
- KCI
- Journal Title
- 노동법학
- Number
- 78
- Start Page
- 131
- End Page
- 169
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/138730
- ISSN
- 1229-2141
- Abstract
- In this paper, I studied the contents of the amended “Trade Union and Labor Relations Adjustment Act”, promulgated on 6 January 2021, and the key interpretational issues that could be raised accordingly. The background of the amendment to the Act was to improve the ratification of the ILO fundamental conventions.
The main amendment to ratify the conventions is to allow fired workers to join enterprise trade union. But it's from the misconception of enterprise trade unions, so nothing really has changed.
In addition, the removal of the prestigious provisions for full time officer of trade union and the unification of time-off system in order to accommodate the ILO's recommendations does not change in a large framework. However, it has been confirmed that there are parts that can be interpreted differently than before.
In addition, some of the previous theories and precedents stipulated by law what was recognized through interpretation. Some of those parts have unintended additional implications. For example, the new regulations relating to trade union activities, not worker in business or workplace of business and the stipulation of partial and coexistent sit-down strike have taken on additional significance.
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