일본 복수노조와의 자율교섭과 노사관계 = Self-Colletive Bargaining with Plural labor Unions and Labor Relationship in Japan

다국어 초록 (Multilingual Abstract)

Korean Union Labor Law had denied plural union system until 1997. In other word, if a labor union was established in a company already, new labor union that the member of labor union are duplicated can not to be established in same company.
In this point, Korean Labor Union Law contained unconstitutionality that violate the right to organize which Constitution Law guarantee. Therefore, many scholars and labor unions have argued to eliminate the clause that prohibited new labor union in same company.
In result, when Labor Union law was amended in 1997, the clause that had been prohibited new labor union was removed. So, there is no problem to establish new labor union in same company.
In the spite of that, the additional rule of Labor Union Law has a grace period of the application of the law and plural labor union system is prohibited until the end of this year. However, the grace period will be expired to end of this year. Beginning next year, any employees can organize new unions in same company.
In this way, if many kinds of labor unions are organized suddenly, many employers and Korean Government worry about occurring a lot of labor disputes between labor unions and employers or other labor unions. So, Korean Government tried to unify plural labor union of collective bargaining.
In Japan, plural labor unionism has been stabilized since Japanese Labor Union Law was enacted in 1946. All of labor unions have the right of collective bargaining in Japan. In this point, japanese collective bargaining system is very different from American collective bargaining system which only the labor union that won in the election has the right of collective bargaining with employer(exclusive collective bargaining system).
In Japan, employer has to bargain in good faith all labor unions. If the employer not to keep neutral attitude, the action of the employer will be unfair labor practice.
As you know, Korean labor law system and labor unionism are very similar to Japanese Labor Law and Unionism. So, it is very useful to research about Japanese Labor Law and Unionism.

목차 (Table of Contents)

• Ⅰ. 문제제기
• Ⅱ. 복수노조의 법적 지위
• Ⅲ. 복수노조문제와 부당노동행위
• Ⅳ. 복수노조 병존 하의 노무관리
• Ⅴ. 우리나라에 대한 시사
• 〈Abstract〉

참고문헌 (Reference)

1 이 정, "일본의 복수노조 병존하의 노사관계·노무관리의 경험과 시사점" 법학연구소 33 (33): 243-265, 2009

2 萩沢清彦, "複数組合併存と労使関係" (54) :

3 高橋貞夫, "組合併存下の前提条件の諾否と差別" (161) : 81-, 1991

4 "東京高裁, 1985.12.24 判決" 36 (36): 785-,

5 "東京高裁, 1975.5.28 判決" 26 (26): 451-,

6 "東京地裁, 1985.4.25 判決" 36 (36): 237-,

7 "東京地裁, 1974.3.12 判決" 25 (25): 106-,

8 "東京地労委, 1973.5.8 命令" 50 : 235-,

9 "東京地労委, 1971.5.25 命令" 44 : 392-, 1971

10 "日本最高裁二小, 1987.5.8 判決" (496) : 7-,

11 "日本最高裁, 1996.12.14 判決" (552) : 6-, 1989

12 "日本最高裁, 1987.5.8 判決" (1247) : 131-,

13 "日本最高裁, 1987.5.8 判決" (1247) : 131-,

14 日本最高裁, "日本最高裁, 1986.1.24 判決" (467) :

15 "日本最高裁, 1984.5.29 判決" (430) : 15-,

16 "日本厚生労働省 厚生労働白書"

17 道幸哲也, "日本の複数労組と組合専従者問題 in: 노조전임자와 복수노조 과제" 2009

18 "大阪地労委, 1975.10.17 命令" 57 : 65-,

19 日本労働委員会, "労働委員会年報"

20 "中労委, 1978.7.5 命令" 64 : 757-,

21 "中労委, 1973.3.19 命令" 49 : 272-,