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> 경상대학교 법학연구소 > 법학연구 > 17권 2호

복수노조시행에 따른 개별문제 -편의제공,쟁의행위,조합비공제를 중심으로-

Individual Legal Issues According to the Enforcement of Multiple Trade Unions -Focuses on a Convenience Service, Industrial Actions, Check-Off-

최영진 ( Young Jin Choi )

- 발행기관 : 경상대학교 법학연구소

- 발행년도 : 2009

- 간행물 : 법학연구, 17권 2호

- 페이지 : pp.195-216 ( 총 22 페이지 )


학술발표대회집, 워크숍 자료집 중 1,2 페이지 논문은 ‘요약’만 제공되는 경우가 있으니,

구매 전에 간행물명, 페이지 수 확인 부탁 드립니다.

6,200
논문제목
초록(외국어)
Multiple trade unions in a business unit are enforcing on the 1st of January, 2010, hereby, according to Trade Union & Industrial Relations Mediation Act(hereinafter referred to as "TUIRMA") Addenda Article 5(3), the government has continuously gone through the unification of the bargaining channel to start the multiple trade unions. In businesses, however, in case of multiple trade unions permitted, not solely can the problem of the unification of the bargaining channel be brought up. Namely, in case of multiple trade unions permitted, the member of the full-time officer of a trade union, the problem of Union-shop, the adaptation of collective bargaining agreement(hereinafter referred to as "CBA"), unfair labor practices in discriminations between unions, etc, are expected to be occurred, like this, under the multiple trade unions, various actions, their unfair labor practices and other side effects could be a point at issue. So, this study went through the problems of convenience service, industrial actions, check-off among the problems under the multiple trade unions or the unification of the bargaining channel, as the follows are; First, the judgment of yes or no discrimination among unions should be depend on the existence of the duty of employer`s neutral intention and the reasonable discriminative reason made by employers, in field of the employer`s convenience service. Union office and Union`s bulletin board) under the multiple trade unions. Second, in case of being forced to unify of the bargaining channel under multiple trade unions, according to analogy interpretation of TUIRMA, it is desirable for only union which won the approval of majority in the concerned business or the member of all unions in business to take industrial actions. This is why it is desirable for the entire bargaining union members as the subject of industrial actions to take steps because the legally binding of CBA could affect all union members in concerned business. Third, in case of all multiple trade unions permitted in concerned business, it is more likely to be brought a legal act on the check-off. So, in labor law, a political examination must be necessary, including whether the regulation on the check-off should make obvious or leave it to the regulation interpretation on the unfair labor practices, TUIRA Article 81.

논문정보
  • - 주제 : 사회과학분야 > 법학
  • - 발행기관 : 경상대학교 법학연구소
  • - 간행물 : 법학연구, 17권 2호
  • - 발행년도 : 2009
  • - 페이지 : pp.195-216 ( 총 22 페이지 )
  • - UCI(KEPA) : I410-ECN-0102-2012-360-000999682
저널정보
  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기 : 계간
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1975-2784
  • - 수록범위 : 1988–2021
  • - 수록 논문수 : 785