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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2003.6
- 수록면
- 129 - 177 (49page)
이용수
초록· 키워드
오류제보하기
In spite of the subjects of labor fundamental rights constitutionally, the government employees and the university professors in Korea could not have exercised their rights owing to the forbidden clauses prescribed in the National Government Employees Act, the Private School Act, etc. for a long time. In opposition to those forbidden clauses in legislation, the labor organizations, the specialists in labor law and the international organizations of ILO, OECD, etc. had demanded the amendment of the related laws and regulations of the Korean Government. Thereafter, February 6, 1998, the Korean Tripartite Commission decided that the Korean Government should give the teachers the right to organize the labor union on and after July I, 1999, and should gradually give the government employees the right to organize the labor union in due consideration of the trend of public opinion and the amendment of the related laws and regulations. As the result, the Act on Formation and Operation of Government Employees' Work Council was legislated on February 24, 1998 and was in force on and after January 1, 1999. That Act has the purpose of forming the government employees' work council that is the preliminary organization of government employees' labor union. And the Act on Formation and Operation of Labor Union for Teachers was legislated on January 29, 1999 and was in force on and after July 1, 1999, and legitimated the Korean Teachers and Educational Workers' Union (KTU).
But, the functions of government employees' work council are limited to the improvement in working environment of government employees and the settlement of their grievances, and failed to function as the labor union for the purpose of improving the working conditions of government employees. Moreover, the Act on Formation and Operation of Labor Union for Teachers restricted the teachers' labor fundamental rights, and excluded the university professors from coverage of that Act. By reason of the defectiveness of Acts concerned, the government employees and the professors started various actions for the purpose of the acquisition of their labor fundamental rights from the beginning of 2000, and they organized the Korean Association of Government Employees' Work Councils and the Organizing Committee for Korean Professors Union respectively and prepared for the organization of government employees union and of professor union respectively. According to that preparation, the Korean Professors Union (KPU) was officially organized on November 10, 2001 and the National Government Employees Union (NGU) is scheduled to be officially organized on March 24, 2002.
The Ministries concerned, namely, the Ministry of Government Administration and Home Affairs (MOGAHA) and the Ministry of Education & Human Resources Development (MOEHRD) have taken the negative attitudes toward the recognition of labor fundamental rights for the government employees and the university professors. But the Korean Tripartite Commission have taken the positive attitudes toward that recognition and have been discussing the legitimation programs of government employees labor union and professors labor union.
In relation to the legitimation programs of government employees labor union and professors labor union, the various issues of law are discussing that are the eligibility joining the union, limits of labor fundamental rights, organization unit of union, arrangement of collective bargaining, conclusion of collective agreement and system of legalization, etc. My opinions about those issues are as follows.
1) Eligibility joining the union: The government employee should not be prohibited from joining the labor union on the ground of the upper class in office or the kind of office. All the government employees should be given the right to join the labor union except the employees correspondent to the employees always acting for the employer's interests that should be prescribed in the provision of Article 2, Sub-paragraph 4, Item I of the Labor Union and Labor Relation Settlement Act.
2) Limits of labor fundamental rights : The government employees should be wholly given the right to organize, to bargain collectively and to act collectively, otherwise the labor fundamental rights shall not fulfill its function. But the armed forces, the police officer, the prison officer and the fire officer might not be given the right to act collectively.
3) Organization unit of union: The organization unit of government employees union should not be limited to the specific unit of organization by virtue of law and regulations. To force them to organize the specific unit of organization shall result in infringing on their rights to choose the organization unit. But, for all practical purposes, it is most desirable that the labor union is organized as the national organization unit.
4) Arrangement of collective bargaining: The organization unit of government employees union should not be limited to the specific arrangement of collective bargaining by virtue of law and regulations. The arrangement of collective bargaining should be decided by the labor union's one self in correspondence to the organization unit of labor union. But, for all practical purposes, it is most desirable that the national unit's labor union bargains collectively with the 'bargaining committee of ministries' consisted of the ministries to have to do with the personnel administration, working conditions and budget account of government employees.
5) Conclusion of collective agreement: The government employees union should be given both the right of collective bargaining and the right of conclusion of collective agreement. In case that the articles prescribed in the concluded collective agreement are contrary to the law and regulations or budget account in force, it is necessary to take the legislative measure that force those articles to have the full force and effect.
6) System of legalization : In case that the government employees union shall be legitimated, those should not regulated by the particular law, namely, the National Government Employees Act or the Act on Formation and Operation of Labor Union for Government Employees, but by the general law, namely, the Labor Union and Labor Relation Settlement Act. In case of being regulated by the particular law, it is possible that those labor fundamental rights might be excessively restricted on the ground of their official peculiarity.
But, the functions of government employees' work council are limited to the improvement in working environment of government employees and the settlement of their grievances, and failed to function as the labor union for the purpose of improving the working conditions of government employees. Moreover, the Act on Formation and Operation of Labor Union for Teachers restricted the teachers' labor fundamental rights, and excluded the university professors from coverage of that Act. By reason of the defectiveness of Acts concerned, the government employees and the professors started various actions for the purpose of the acquisition of their labor fundamental rights from the beginning of 2000, and they organized the Korean Association of Government Employees' Work Councils and the Organizing Committee for Korean Professors Union respectively and prepared for the organization of government employees union and of professor union respectively. According to that preparation, the Korean Professors Union (KPU) was officially organized on November 10, 2001 and the National Government Employees Union (NGU) is scheduled to be officially organized on March 24, 2002.
The Ministries concerned, namely, the Ministry of Government Administration and Home Affairs (MOGAHA) and the Ministry of Education & Human Resources Development (MOEHRD) have taken the negative attitudes toward the recognition of labor fundamental rights for the government employees and the university professors. But the Korean Tripartite Commission have taken the positive attitudes toward that recognition and have been discussing the legitimation programs of government employees labor union and professors labor union.
In relation to the legitimation programs of government employees labor union and professors labor union, the various issues of law are discussing that are the eligibility joining the union, limits of labor fundamental rights, organization unit of union, arrangement of collective bargaining, conclusion of collective agreement and system of legalization, etc. My opinions about those issues are as follows.
1) Eligibility joining the union: The government employee should not be prohibited from joining the labor union on the ground of the upper class in office or the kind of office. All the government employees should be given the right to join the labor union except the employees correspondent to the employees always acting for the employer's interests that should be prescribed in the provision of Article 2, Sub-paragraph 4, Item I of the Labor Union and Labor Relation Settlement Act.
2) Limits of labor fundamental rights : The government employees should be wholly given the right to organize, to bargain collectively and to act collectively, otherwise the labor fundamental rights shall not fulfill its function. But the armed forces, the police officer, the prison officer and the fire officer might not be given the right to act collectively.
3) Organization unit of union: The organization unit of government employees union should not be limited to the specific unit of organization by virtue of law and regulations. To force them to organize the specific unit of organization shall result in infringing on their rights to choose the organization unit. But, for all practical purposes, it is most desirable that the labor union is organized as the national organization unit.
4) Arrangement of collective bargaining: The organization unit of government employees union should not be limited to the specific arrangement of collective bargaining by virtue of law and regulations. The arrangement of collective bargaining should be decided by the labor union's one self in correspondence to the organization unit of labor union. But, for all practical purposes, it is most desirable that the national unit's labor union bargains collectively with the 'bargaining committee of ministries' consisted of the ministries to have to do with the personnel administration, working conditions and budget account of government employees.
5) Conclusion of collective agreement: The government employees union should be given both the right of collective bargaining and the right of conclusion of collective agreement. In case that the articles prescribed in the concluded collective agreement are contrary to the law and regulations or budget account in force, it is necessary to take the legislative measure that force those articles to have the full force and effect.
6) System of legalization : In case that the government employees union shall be legitimated, those should not regulated by the particular law, namely, the National Government Employees Act or the Act on Formation and Operation of Labor Union for Government Employees, but by the general law, namely, the Labor Union and Labor Relation Settlement Act. In case of being regulated by the particular law, it is possible that those labor fundamental rights might be excessively restricted on the ground of their official peculiarity.
목차
Ⅰ. 들어가며
Ⅱ. 공무원의 노동기본권 보장의 당위성
Ⅲ. 공무원의 노동기본권 보장에 관한 외국의 입법례
Ⅳ. 공무원의 노동기본권 보장의 입법방향
Ⅴ. 「공무원조합법안」의 문제점
Ⅵ. 맺는말
[첨부]
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