In relation to the authority of the representative of the trade union to conclude collective agreement, legal issues are as follows; ① whether the representative has the authority to conclude collective agreement, ② is it possible to restrain the authority to conclude collective agreement, ③ legal problems relating to the extent and scope restraining the authority to conclude collective agreement, ④ legal validity of the collective agreement that the representative did not follow the procedure stipulated in the bylaw of trade union and liability of the representative.
The authority of the representative of the trade union to conclude collective agreement was legalized in 1997 reflecting the intention of the Supreme Court Decision in 1993. The authority of the representative of the trade union to conclude collective agreement may be restricted to collect the intention of union member and control the collective bargaining and collective agreement, but full and extensive restriction on the authority of the representative of the trade union to conclude collective agreement is unlawful. In case that the representative conclude the collective agreement without keeping the procedure of trade union, it is not predicated that the agreement is null and void, and the representative takes civil liability.
The argument above is reasonable considering the intention to guarantee the labor rights in the Constitution and the regulation of the article 29 paragraph 1 of the Trade Union and Labor Relations Adjustment Act. It is necessary to revise the relative clause for clearing the controversy on the restraint the authority of the representative of the trade union to conclude collective agreement and strengthening the democracy of trade union.