단체협약 시정명령제도의 운용실태와 한계

초록

「Trade Union and Labor Relations Adjustment Act」(TULRAA), section 31(3) provide that “an administrative agency can order to modify unlawful contents of collective agreement with the consent of Labor Relations Commission.”It means that labor authorities can supervise and interfere with collective agreements by labor and management. Furthermore, the Act imposes fines of up to 5 million for the order violations (Section 93 no.2)The administrative order, however, has considerable issues which could infringe the principle of industrial autonomy in the law of collective bargaining agreement. Then, the constitutionality of the sections is controversial lately. The courts held that the section 31(3) is constitutional but the section 93 no.2 could be unconstitutional. The judgment have been referred to the Constitutional Court of Korea and now we have expected the decision of the Court. This report reviews the history, meaning and limits of the administrative order in the aspect of the constitutionality. In conclusion, the administrative order could be easily misuse by labor authorities and should be repealed by a new legislation. If the order would have some preventive effects, as advocates of the sections have propounded it, the provision to prevent possible abuses of labor authorities's order should be prepared.

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