노사자치의 한계와 노동법적 규제의 정당성 = Limitation on Labor-Management Autonomy and Justness of Regulation Based on a Labor Law

다국어 초록 (Multilingual Abstract)

According to the constitutional law, a labor law was established on the basis of particular labor standards laws and collective labor and management relations laws. The former deals with the lowest criterion and the latter is premised on the security of union rights of labor groups But there still has not been enough reviews theoretically on how the labor law can control particular contract-autonomy and collective labor-management autonomy, on what the basis of the law is, and on what limitation is. To solve these problems, it is needed to have a feeling of danger of flexibility and regulation-relaxation on a labor law and to bring a question on a legal foundation and limitation on intervention of a substantial law in the labor law
Therefore, putting a emphasis on collective labor and management relations laws and private contract-autonomy and putting limitation on the act of a substantial law as a whole, this research is to investigate legal intervention by the substantial law and the relationship of management and unions autonomy On the other hand, we can find two different opinions on a basic standard. One is management and unions autonomy. The other one is a legal intervention by a state They depend on whether they are related to the laws in article 32, clause 2 and article 33, clause 1 of a constitution, and on how they define self-determination service relation and the actual condition of labor union in term of how a labor union works It organically and it deals with illegal labor acts. In conclusion, this study is to review decision system on labor condition comprehensively, clarifying a clear mutual relation from three points of view, a substantial law, a collective, and a private.
The labor law has to contribute to the change of existing labor union's conditions and workers' awareness on their right. But every other problem caused separately should also be considered in a proper way. Accordingly, this study has a Significance of looking in contemporary opinions on systematic sentiments of protection device for workers through review 109 justness of a regulation based on a labor law according to the limitation and function of Labor-management autonomy.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 노동법에서 노사자치의 기능과 한계
• Ⅲ. 노사자치에 관한 노동법적 규제의 정당성과 방법
• Ⅳ. 개별적 계약자치와 집단적 노사자치의 관계
• Ⅴ. 맺음말