노조전임자의 선임, 업무 그리고 급여 - 최근 대법원 판례의 분석

초록

There are a lot of studies on the full time unionist, and also this theme attracts much attention from working groups concerned. This could be a sign which shows that this theme is very important in the both fields. In addition, the latest revision of Trade Union and Labor Relations Adjustment Act raises a sharp controversy on the role and legal status of the full time unionist. Meanwhile, there have been three Supreme Court decisions concerning crucial legal issues on the full time unionist. The first one of the three decisions is about the right of labor union to administrate the full time unionist system. The second one is about the range of the full time unionist's role. The last one handles the question whether the full time unionist has the right to require wages even during the strike. This article deals with these three judgements from the point of view which supports autonomous industrial relations. Shortly speaking, the Supreme Court took a tough stance toward the current full time unionist system, which leads to restrict or reduce the labor union's discretion on the organization operation and setting up the strategy against the management. This judicial attitude might obstruct the progress of the check and balance function between labor and management, because it could be a heavy burden on the labor side unilaterally. Considering the important fact that the improved labor-management relation is the foundation for job stability and economic growth, the Supreme Court should have taken a more flexible and forward-looking attitude on the full time unionist system.

키워드