교섭단위의 결정법리와 교섭단위의 확대

Abstract

The bargaining unit is the basis of the single bargaining unit rule which requires multiple trade unions to unify the contact point and henceforth is the unit that determines the bargaining representative trade union. The reason why our Trade Union Act legally stipulates bargaining units by industry or business place with the implementation of the single bargaining unit rule was to restrict the subdivision of bargaining units and to prevent the risk of hindrance of actual equality between the employer and workers. In other words the legislators, upon considering the previous bargaining customs in which labor conditions were determined based on the company, deemed that the smallest unit that could maintain equality between employer and worker was industry and business place and they legally stipulated the same as the appropriate bargaining unit.BR Settle the unit of industry and business place as the minimum bargaining unit is mandatory in that it secures actual equality between the employer and worker. As such having a bargaining unit that is smaller than the minimum bargaining unit upon the agreement between the employer and worker is prohibited as it violates this mandatory provision and can only be possible upon the determination of separation rendered by the Labor Committee. That being said above-company level bargaining units may be deemed as a bargaining unit that is above the minimum bargaining unit stipulated under the Trade Union Act and could be deemed as a field that has secured actual equality. Therefore, we must interpret this to mean that determining a bargaining unit that is above the industry and business place unit may be agreed upon by the employers and workers. Where equality between the employers and workers has been secured the free-will of the employers and works must take priority. As such implementation of the single bargaining unit rule on the determination of above-company level bargaining units and thus deemed to have secured actual equality on the grounds of securing bargaining equality is inappropriate. This is why the minimum bargaining unit is mandatory under Article 29-3 Para 1 of the Trade Union Act. This theory of interpretation is meaningful in that it solves the limits of the prior theory of interpretation of Article 29-3 Para 1 of the Trade Act as a mandatory provision, the problem of uniformly determining bargaining units that should be freely determined by and between the employers and workers, the problems that arise in which industrywide bargaining and above-company level bargaining units is limited as a result of limiting the industry and business place bargaining unit.