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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2023.8
- 수록면
- 131 - 166 (36page)
- DOI
- 10.35227/HYLR.2023.5.34.3.131
이용수
초록· 키워드
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In June 2022, subcontracted workers at Daewoo Shipbuilding and Marine Engineering went on a fierce strike, and following the Central Labor Relations Commission"s ruling in the CJ Logistics case, the Central Labor Relations Commission"s rulings that broadly recognize the employer as a party to collective bargaining have been appearing one after another, and the controversy surrounding the concept of the employer as an opponent to collective bargaining has intensified. With different criteria being applied and different conclusions being reached between lower-level courts, provincial labor relations committees, and the Central Labor Relations Committee, not to mention the controversy and confrontation in the labor-management relations field, there is also a sharp debate in academia, legal practice, and the National Assembly.
There has already been a significant amount of research on this topic, and recent research is also being conducted based on decisions by the Central Labor Relations Commission and lower-court rulings. In this paper, we will analyze the legal principles of court rulings and the Central Labor Relations Commission, check the theoretical reach, and confirm the most fundamental theoretical obstacle to the expansion of the user"s authority in collective bargaining. We hope to contribute to the theoretical work to expand the user"s authority in collective bargaining by reviewing it.
The results of the review can be summarized as follows:
First, the problem of the abstractness of the judgment criteria, which was a major criticism of the judgment criteria for expanding the employer"s status, has almost been overcome. Second, The concept of autonomy in collective bargaining, which is the regulation of working conditions through the conclusion of collective agreements with normative effect, cannot be a practical or theoretical obstacle to the expansion of the concept of the employer as a party to collective bargaining. Third, the understanding of the right to collective bargaining guaranteed by the Constitution must be further deepened.
There has already been a significant amount of research on this topic, and recent research is also being conducted based on decisions by the Central Labor Relations Commission and lower-court rulings. In this paper, we will analyze the legal principles of court rulings and the Central Labor Relations Commission, check the theoretical reach, and confirm the most fundamental theoretical obstacle to the expansion of the user"s authority in collective bargaining. We hope to contribute to the theoretical work to expand the user"s authority in collective bargaining by reviewing it.
The results of the review can be summarized as follows:
First, the problem of the abstractness of the judgment criteria, which was a major criticism of the judgment criteria for expanding the employer"s status, has almost been overcome. Second, The concept of autonomy in collective bargaining, which is the regulation of working conditions through the conclusion of collective agreements with normative effect, cannot be a practical or theoretical obstacle to the expansion of the concept of the employer as a party to collective bargaining. Third, the understanding of the right to collective bargaining guaranteed by the Constitution must be further deepened.
#노동3권
#단체교섭권
#노동조합법상 사용자 개념의 확대
#원청의 단체교섭 의무
#원하청노사관계
#다면적 노무제공관계
#three rights of labor
#right to collective bargaining
#expansion of the concept of employer under the Trade Union And Labor Relations Adjustment Act
#prime prime contractors obligation to bargain collectively
#subcontracting collective labor-management relations
#multilateral labor-providing relationship
목차
Ⅰ. 서론
Ⅱ. 노동조합법상 사용자 개념의 통일적 이해 여부 검토
Ⅲ. 단체교섭권의 본질은 협약자치인가? : 일본의 논의를 중심으로
Ⅳ. 사용자성을 판단하는 기준에 관한 검토
Ⅴ. 결론
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