현행 부당노동행위법에 대한 일고찰

• 영문명: An Inquiry into Some Legal Issues at the Unfair Labor Practice Law
• 발행기관: 경희법학연구소
• 저자명: 강희원(Kang, Hee-Won)
• 간행물 정보: 『경희법학』제42권 제2호, 63~92쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

The unfair labor practice is institutionalized in the sixth chapter of the act on trade union and labor relation conciliation. It was imported from Japan. The Japanese unfair labor practice was a Japanization of the American unfair labor practice in the American occupation following the second world war defeat. The act on trade union and labor relation conciliation provides that the worker and his labor union can make a motion to the Labor Relation Commission for a administrative remedy against the employee s unfair labor practice. In the application of this administrative remedy of unfair labor practice, there are many problems which are brought about in the legal systematical perspectives as well as in the legal practical aspects. In this article has an attempt been made to present some problems critically in the legal systematical and practical levels, for example, the constitutional status of the remedy system for unfair labor practice, the institutional purpose of the unfair labor practice, the relation of the court and the labor relation commission in the remedy for unfair labor practice, the legal measure for guaranteeing the effectiveness of the remedy order of the labor relation commission, the function and limitation of labor injunctions as judicial remedy, the legal function of the article 81, the act on trade union and labor relation conciliation in legal proceedings of suiting against the employee for a wrongful dismissal in the court, etc. Among these above problems, the most important is the fundamental dogmatical question, how the constitutional status of the remedy system for unfair labor practice should be justified and explained in the relation to the institutional purpose of the unfair labor practice in the act on trade union and labor relation conciliation.

목차

Ⅰ. 문제의 제기

Ⅱ. 부당노동행위제도의 의의

Ⅲ. 부당노동행위의 유형화와 그 주체

Ⅳ. 유형별 개별적인 문제

Ⅴ. 부당노동행위의 구제

Ⅵ. 부당노동행위자에 대한 형사처벌: 부당노동행위의 범죄화 문제

Ⅶ. 여론: 부당노동행위의 주체로서 국가

키워드

부당노동행위 노동단체권 노동조합 노사관계 불이익취급 불성실교섭 지배개입 구제명령 노동가처분 unfair labor practice the right to organize labor union collective labor relation unfair treatment unfaithful collective bargaining dominion&intervention remedial measures labor injunctions