Abstract
As the existing collective bargaining system centered on trade union has had practical limitations, collective working conditions determination system operated by Non-union Employee Representation(NER) has been discussed as an alternative to collective bargaining system. The NER program has been drawing much attention abroad, since traditional trade-union-centered system has faced with challenges caused by the ‘representation gap’ phenomenon and the emergence of ‘high performance work system’. Considering the coherent analysis on the Constitution and international labour standard as well as the contemporary trends of industrial relations, the NER program is deemed to be compatible with domestic legal system. However, there would be some problems where the NER program works concurrently with the existing collective working conditions determination systems in Korean labour law system. Because the NER program is encompassed by the collective working conditions determination system, it should be operated in a way that pursues the requests of democracy and independence based on the Constitution.
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