노동기본권과 소수 노동조합의 협약능력 및 단체협약의 효력에 관한 연구 ― 단체교섭창구 단일화를 중심으로 ―

초록

The rule of single bargaining unit has been introduced to the Korea labor laws for the collective bargaining by making law of the multiple trade union system in workplace level. Meanwhile, the argument of whether provision of single bargaining unit is violation of the constitution has been always raised. This article tries to find a solution for constitutional interpretation in conformity to the Art. 33 of the Constitution(labor fundamental rights: right to organize, right to bargain collectively, right to strike) rather than discusses exhaustively whether provision of single bargaining unit in Art. 29-2 of Trade Union and Labor Relations Adjustment Act(TULRAA) is violation of the constitution. The capacity to conclude collective agreements of trade union is the status and ability of enactment of norm which is direct and mandatory effect of the membership. And this capacity to conclude collective agreements is guaranteed by the Art. 33 of the Constitution and conferred to all association regardless of their membership or having or having not social forces. If provision of single bargaining unit deprives of trade union's capacity to conclude collective agreements, this provision is violation of the constitution. In interpretation, trade unions which fulfill the substantial conditions as trade unions have reasonably the capacity to conclude collective agreements regardless of multiple trade union. Along with this, in multiple trade unions at a workplace, bargaining representative union is extensively conferred by legislator by provision of single bargaining unit for other trade unions and membership. In this perspective, this article examines ⅰ) legal status of trade union which do not participate in procedure for determining the bargaining representative union, ⅱ) legal status of trade union as bargaining representative union which participates in procedure for determining the bargaining representative union, ⅲ) legal status of trade union as non-bargaining representative union which participates in procedure for determining the bargaining representative union.

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