필수유지업무제도 등 쟁의행위제도 개선 방안

Abstract

Korean Labor Related Laws had created and changed for over 60 years but the majority of them had rendered services to the Political Authority or Economic Promotion only in spite of the circumstantial diversity. But the necessity and voice of Transformation of Collective Labor Related Laws are going on in Moon’s Government after the Intended Vacuum of Bygone Government. In Korean Constitutional Law, Three Fundamental Labor Rights are on an equal footing with each other and closely connected in functional. Therefore, in Analysis of Legal Property and Inter-relationship of Three Fundamental Labor Rights we should break with conventional Centralism.BR For the Improvement scheme connected with Industrial Action, we could consider the Elimination of Restriction in Collective Bargain Subject, the Restriction in Abuse of civil and/or criminal Suit, Self-restraint of Punitive Sanction in Collective Labor Related Acts and the enthusiastic Extension of Labor Dispute Adjustment Subject.BR And the Improvement scheme for Essential Services Maintenance System, the Compulsory Administration System for Corporate and Union Social Responsibility(CSR and USR) in Essential Services Maintenance. And also the Participation opportunity Expansion of Expert public welfare Delegates will promote the life, health and safety of the General Public. With this, the Point of Equilibrium or Compromise will be found in Essential Services Maintenance System, getting over the Distortion in course of beginning Operation.