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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
It can be considered that the history of the labor relations Road Map in Korea has commenced with the labor relations road map of the former Korean President, Rho Moo-hyun in 2003. In effect, however, the reform of the labor relations or labor laws began during the term of the former President Kim Young-sam.
To investigate the procedure, the vicious cycle has repeated as follows: ① the announcement of the neo-labor relations initiative (1994) → ② labor legislation in a lightning manner in the absence of the opposition (1996) → ③ opposing struggle of the labor world (1996~1997) → ④ legislation on the mutual agreement of the ins and outs (1997) → ⑤ postponement of the enforcement on a point in dispute (2001) → ⑥ promotion of the labor relations road map (2003) → ⑦ postponement of the enforcement on a point in dispute (2006) → ⑧ coercive proceeding of the enforcement by the government (2009) → ⑨ opposing struggle of the labor world (2009) → ⑩ failure of the coercive enforcement of the legislation (2009) → ⑪ postponement of the enforcement on coercive legislature and a point in dispute(2010).
Regarding with the amended “Trade Union and Labor Relations Adjustment Act” in 2010, ① the ban on the salary payment for the ones with exclusive duties for the trade union enforced on July 1st, 2010 with the forbearance until June 30th, 2010. Instead, the exemption system for the working time-off was introduced. ② The approval of multiple trade unions will be enforced on July 1st, 2011 with the forbearance until June 30th, 2010. In a business or an establishment regardless of the organization forms as of December 31st, 2009, the enforcement of the law will be postponed until June 30th, 2012 for the pertinent business or establishment where are more than two trade unions that workers have established or became members of.
The prospect after this enforced law can be contemplated from three points of views, such as ① controversy of the unconstitutional legislation, ② instability of the labor relations, ③ direction of the trade union’s activities, etc. First of all, an unconstitutionality issue has been raised on the unitary wicket system of the negotiation newly introduced, while allowing multiple trade unions. Even though the arguments of its constitutionality and unconstitutionality are set up in opposition, the assertion for constitutionality lacks adequacy and the newly organized executives of the Federation of Korean Trade Unions are against it, triggering ongoing controversy.
Second of all, even though the Ministry of Employment and Labor thinks that the exemption system of time-off has settled stably, it should be considered that the instability of the labor and management is concealed according to the trade union’s certain attitude every time revising a collective agreement, which will have been expired, is required. Even if it is properly enforced, there is a high possibility that labor and management confrontation on the interpretation of the allowed business, when it is operated similarly like the predecessor’s system or there, is a collective agreement or a user’s agreement.
Lastly, it is considered that the new trade unions should be able to search for their direction of activities, as unlimited competitions among the trade unions are expected since multiple labor and management establishments will be allowed starting July 1st, 2011.
To investigate the procedure, the vicious cycle has repeated as follows: ① the announcement of the neo-labor relations initiative (1994) → ② labor legislation in a lightning manner in the absence of the opposition (1996) → ③ opposing struggle of the labor world (1996~1997) → ④ legislation on the mutual agreement of the ins and outs (1997) → ⑤ postponement of the enforcement on a point in dispute (2001) → ⑥ promotion of the labor relations road map (2003) → ⑦ postponement of the enforcement on a point in dispute (2006) → ⑧ coercive proceeding of the enforcement by the government (2009) → ⑨ opposing struggle of the labor world (2009) → ⑩ failure of the coercive enforcement of the legislation (2009) → ⑪ postponement of the enforcement on coercive legislature and a point in dispute(2010).
Regarding with the amended “Trade Union and Labor Relations Adjustment Act” in 2010, ① the ban on the salary payment for the ones with exclusive duties for the trade union enforced on July 1st, 2010 with the forbearance until June 30th, 2010. Instead, the exemption system for the working time-off was introduced. ② The approval of multiple trade unions will be enforced on July 1st, 2011 with the forbearance until June 30th, 2010. In a business or an establishment regardless of the organization forms as of December 31st, 2009, the enforcement of the law will be postponed until June 30th, 2012 for the pertinent business or establishment where are more than two trade unions that workers have established or became members of.
The prospect after this enforced law can be contemplated from three points of views, such as ① controversy of the unconstitutional legislation, ② instability of the labor relations, ③ direction of the trade union’s activities, etc. First of all, an unconstitutionality issue has been raised on the unitary wicket system of the negotiation newly introduced, while allowing multiple trade unions. Even though the arguments of its constitutionality and unconstitutionality are set up in opposition, the assertion for constitutionality lacks adequacy and the newly organized executives of the Federation of Korean Trade Unions are against it, triggering ongoing controversy.
Second of all, even though the Ministry of Employment and Labor thinks that the exemption system of time-off has settled stably, it should be considered that the instability of the labor and management is concealed according to the trade union’s certain attitude every time revising a collective agreement, which will have been expired, is required. Even if it is properly enforced, there is a high possibility that labor and management confrontation on the interpretation of the allowed business, when it is operated similarly like the predecessor’s system or there, is a collective agreement or a user’s agreement.
Lastly, it is considered that the new trade unions should be able to search for their direction of activities, as unlimited competitions among the trade unions are expected since multiple labor and management establishments will be allowed starting July 1st, 2011.
#노사관계개혁
#노사관계로드맵
#노동조합
#노동조합 및 노동관계조정법(노동조합법)
#단체교섭
#단체협약
#노동조합 전임자,복수노조
#단체교섭 창구 단일화
#근로시간면제제도
#타임오프(Time-off)제도
#고용노동부
#한국노총
#민주노총
#reform of labor relations
#Road Map of labor relations
#trade unions
#Trade Union and Labor Relations Adjustment Act (Trade Union Act)
#collective bargaining
#collective agreement
#predecessor of the trade union
#multiple trade unions
#unitary wicket system of the negotiation
#the system of exemption of working hours
#the system of time-off
#the Ministry of Employment and Labor
#the Federation of Korean Trade Unions
#Korean Confederation Trade Unions
목차
Ⅰ. 서론
Ⅱ. 노사관계개혁의 추진(1993~2002년)
Ⅲ. 노사관계로드맵의 추진(2003~2009년)
Ⅳ. 2010년 노조법 개정
Ⅴ. 향후 전망
Ⅵ. 결론
참고문헌
Abstract
참고문헌 (56)
참고문헌 신청
1. [학술지(정기간행물)] - 강선희 / 2011 / 노동기본권과 소수 노동조합의 협약능력 및 단체협약의 효력에 관한 연구 ― 단체교섭창구 단일화를 중심으로 ― / 노동법학 (38) : 77 ~ 116
2. [보고서] - 김상호 / 1996 / 복수노조 하에서의 단체교섭 - 프랑스를 중심으로
4. [학술지(정기간행물)] - 김선수 / 1993 / 정리해고 요건으로서의 긴박한 경영상의 필요 / 노동법연구 (3)
5. [인터넷자원] - 김선수 / / 복수노조·전임자 관련 개정 법안, 쟁점과 평가 / 한국노동사회연구소 홈페이지
6. [학술대회논문] - 김영문 / 2011 / 복수노조와 협약자율 - 교섭창구단일화와 소수노조와 관련하여 / 2011년 노동관련 3개학회 공동정책토론회 자료집
2. [보고서] - 김상호 / 1996 / 복수노조 하에서의 단체교섭 - 프랑스를 중심으로
4. [학술지(정기간행물)] - 김선수 / 1993 / 정리해고 요건으로서의 긴박한 경영상의 필요 / 노동법연구 (3)
5. [인터넷자원] - 김선수 / / 복수노조·전임자 관련 개정 법안, 쟁점과 평가 / 한국노동사회연구소 홈페이지
6. [학술대회논문] - 김영문 / 2011 / 복수노조와 협약자율 - 교섭창구단일화와 소수노조와 관련하여 / 2011년 노동관련 3개학회 공동정책토론회 자료집
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대법원 1989. 5. 23. 선고 87다카2132 판결
가. 기업이 경영상의 사정에 의하여 근로자를 해고하는 이른바 정리해고에 있어서는 첫째로 해고를 하지 않으면 기업경영이 위태로울 정도의 급박한 경영상의 필요성이 존재하여야 하고, 둘째로 경영방침이나 작업방식의 합리화, 신규채용의 금지, 일시휴직 및 희망퇴직의 활용 등 해고회피를 위한 노력을 다하였어야 하며, 셋째로 합리적이고 공정한 정리기준을
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UCI(KEPA) : I410-ECN-0101-2013-336-001035829