노사관계로드맵 17년의 평가와 전망 (The evaluation and prospect on the past 17 years’ Road Map of labor relations in Korea)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 39호 / 165 ~ 214페이지
· 저자명 : 박승두

초록

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.

영어초록

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.

참고자료

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