The Trade Union Act is a law that seeks to guarantee workers" rights to organize, collectively bargain, and take collective action in accordance with the Constitution (see Article 1), and has an unfair labor practice system as one of its main contents. The unfair labor practice system prohibits certain actions by employers by defining them as unfair labor practices, provides relief for violations through the Labor Relations Commission, and imposes penalties.
The Trade Union Act was enacted in 1953, and this year marks its 70th anniversary. The Trade Union Act of 1953, when it was first enacted, also had provisions for unfair labor practices, and the system has since been reorganized and has been maintained to this day. In celebration of the 70th anniversary of the enactment of the Trade Union Act, this article is intended to look back on the changes made to the unfair labor practice system, one of the main contents of the Trade Union Act. By looking at changes in the provisions of the Trade Union Act, developments in interpretation theory, and cases of the Labor Relations Commission and the courts, we will reflect on the meaning of the unfair labor practice system and forecast its future development.
In the 70 years since the Trade Union Act was enacted, there have been many changes in the unfair labor practice system, and many developments in interpretation theory have been made. There have been many studies in academia for a long time, but it is disappointing that they are not sufficiently introduced in this article. Thanks to the various efforts made by academics and practitioners, it is believed that the unfair labor practice system has maintained and developed an important axis in Korea"s collective labor relations legislation. We look forward to further advancement in research and practice in the future. In particular, from the perspective of the relief system, it is expected that the conventional judgment method that emphasizes somewhat subjective aspects, such as intention to engage in unfair labor practices or intention to intervene in governance, will change to a method that makes practical judgments by objectively and comprehensively considering various circumstances. In addition, we hope that theoretical research and interpretation will develop in each area of the relief system and punishment system, according to each purpose.