법외노조 자치권의 법적 지위에 관한 연구

Abstract

Workers are free to organize or join labor unions and are assured labor's three primary rights. The guarantee of workers' right to organize under the Constitution and the labor union under the Labor Union Act should be finished the report of the establishment by organizing independently with workers becoming the main body and by having the qualification of not conforming to the active and passive requirements with the aim of improving and maintaining the working conditions and of enhancing other workers’ economic and social position.
 The administrative agency's recent notification of non-legal union to teachers' union caused a considerable social controversy in relation to the existence of labor unions. This outlawed trade union notification system is what raises a fundamental question about the legal status of a trade union and is what determines the existence of labor unions under the leadership of the administrative authorities, thereby bringing about various constitutional problems. This system has problems such as the regulatory autonomy, the over-packing of risks, the excessive intervention by the administrative agency, and the weakening of workers' right to a trial.
 When a labor organization of meeting the substantial requirements for a trade union does not receive a certificate of the establishment report, it is considered to be just unable to get a certain amount of protection such as the labor dispute mediation and the application for relief of unfair labor practices, but to be capable of being protected general rights, which are recognized by the subjects of enjoying the basic labor rights. Also, an individual worker who is a member of the organization may apply to the Labor Relations Commission for relief in own name or in the name of the organization concerned when dismissal or other disadvantageous treatment thereof corresponds to an unfair labor practice. When an employer inflicts a damage by infringing on the legitimate unity activities of the organization, the organization needs to be regarded as being capable of claiming the damages for illegal activities.