韓國勞使의 團體協約에 관한 硏究 : 全國과 水原地域의 比較分析을 중심으로 = (A) study on a collective agreement of Korean labour and management : focused on the comparative analysis of the whole country and Suwon area

다국어 초록 (Multilingual Abstract)

By the social and political position of the labor being more important, the problem that the relations between labor and management must be settled satisfactorily become influential more and more in modern industrial society and a lot of discussions are going on lately.
The purpose of this research is to be of help the recent discussions through the research of a collective agreement, a crystal of the relations between labor and management and the collective bargaining.
A summery of this thesis is as follows ;
collective bargaining is the process that a labor union, an employer and an organization of employer search for collective compromise and control a cooperation by their own representative for the purpose of conclusion of an agreement on a wage of labor, working hours and other working conditions.
As the word of group means, collective bargaining means not a personal bargaining but an insurance of rights and interests of labor through collective bargaining based on the power of combination of the labor who is the weak relatively in the power.
The functions of collective bargaining are as follows ; the improvement of life conditions of members of union, the establishment of the basic rules for the maintenance of peaceful relations between labor and management, the establishment of the rules, labor'sparticipation in management and industrial peace.
And it has been confirmed that the method of bargaining by enterprise is important absolutely in the methods of collective bargaining. It seems to be because that the habitual bargaining by enterprise is experienced relatively and the experienced head office by enterprise can not function
Collective agreement is formed by consultation according to collective bargaining between a labor union and an employer and put a purpose on setting a standard for working condition and other treatment of labor and on establishing credit and a debt between the contracting parties in agreement. It is necessary that such a collective agreement is called a useless strife at least during regular period that regular rules for working condition are established and for the maintenance of its standard, the relations between labor and management are regulated independently by their agreement.
The functions of collective agreement is to imporve the working condition and to make peaceful.
Collective agreement becomes effective after when both parties make out it in writting, sign and seal it and its term of validity is settled by both but can not be in excess of 2 years for logical operating and stability between labor and management.
The contents and effects of collective agreement are illustrated from the normative section and effect, the debtical section and effect and the systematical section and effect. In these theoretical study, after comparing collective agreement in the whole country with that in suwon area and the summary of that is as follows;
The main common points are that first, the regulation on articles for single bargaining group is numerous, second, the regulation on the activity of labor union is more frequently than in other year, third, the regulation on industrial stabilization is not enough and fourth, the articles for public welfare in company have been important more and more and are expected to be more important from now on.
The characteristics of contents of collective agreement in suwon area are ; first, to set up contral principal, second, that the establishing foundation of labor union is board, third, to have the good conditions in activity of labor union, fourth, to have the good working conditions, fifth, that the articles for a wage are not frequently, sixth, to have the condition to achieve the right personal affairs.
The problems are that,
first, the level of normative section related to economic actual profit of labor in addition to the collective agreement in Korea is very low, second, the debtical section is regulated more minutely than the normative section is but in the view of the security of equality between labor and management and autonomous labor union, its contents are very distorted and formal extremely.
The main subjects to be reformed are ;
first, to reinforce the power of collective agreement of labor union and to promote the temperament of managing staff of labor union and members of agreement, second, to improve not only the rule of labor union but also related statute rationally for the improvement of system of collective bargaining, third, to make the both parties exactly understand the functions of collective agreement, fourth, to make the contents of agreement clearly, fifth, to materialize the prevention of strife and its solutions, sixth, to be settled to divide the functions of collective bargaining and agreement between labor and management.
Finally, I am going to present the portion to be strived in the problems of labor and management wishing it will be refered to the people who sits a responsible post related labor and management.
First, according to raising the systematic key point to permit the rights and intersts of labor to expend at most through the free activity of labor union, labor union should establish the external independence and the internal democracy with more responsible and more obligation and should be active rationally and productively for the labor's improvement in economic and social position, second, in order that the labors can enjoy fully the result such as participating, achieving and its compensation that recently take place within the company and actively spread, new human relations between labor and management for the improvement of working conditions due to an atmostphere that managers together take the initiative in "Love for work place" movenemt should be regulated, third, the government should try to promote our relations between labor and management up to the developed country's through securing the right of combination of labors according to the self-government of labor and management deviation boldly from the policy of controlled labor, and through reconsidering the self-controlling by labor and management.

목차 (Table of Contents)

• 목차
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 方法과 範圍 = 2
• 第2章 團體交涉과 團體協約에 관한 理論的 考察 = 3
• 第1節 團體交涉 = 3
• 1. 團體交涉의 意義 및 機能 = 3
• 2. 團體交涉을 위한 準備過程 = 6
• 3. 團體交涉의 協商過程 = 11
• 4. 團體交涉의 方式 = 14
• 第2節 團體協約 = 20
• 1. 團體協約의 本質과 機能 = 20
• 2. 團體協約의 成立 = 24
• 3. 團體協約의 內容과 效力 = 26
• 第3章 韓國의 團體協約과 水原地域團體協約의 比較分析 = 32
• 1. 總則的 部分 = 32
• 2. 勞動組合 活動 = 37
• 3. 勞動時間, 休日, 休暇 = 40
• 4. 賃金 및 退職金 = 43
• 5. 人事 = 46
• 6. 産業安全·保健 = 51
• 7. 福祉厚生·敎育訓練 = 54
• 8. 産業災害補償 = 55
• 9. 團體交涉·爭議·勞使協議會 = 58
• 第4章 分析結果 및 改善方向 = 61
• 第1節 比較 分析 結果 = 61
• 1. 全國團體協約과 水原地域團體協約의 共通點 = 61
• 2. 水原地域團體協約의 特徵 = 62
• 3. 全國 및 水原地域團體協約의 問題點 = 63
• 第2節 改善方向 = 64
• 第5章 要約 및 結論 = 69
• 參考文獻 = 73
• ABSTRACT = 75