勞動組合專任者의 法的地位에 관한 硏究

Abstract

A b s t r c t

The Study on Legal Position of Official of Trade Union

Park, Do-Hah Advidor : Prof. Choi, Hong-Yop. Ph. D. Department of Law Graduate School of Chosun University

Labor has the autonomous organized right, the collective bargaining right, the right to collective action for maintain and advancement of working condition(Ch33 ver3). Such Labor's three primary rights of Labor can't virtually bring in the employer as an opponent.

For an individual worker is being inferiority socially, economically and dealing with the number of workers, when she/he deals with cooperating with them together to the power of autonomy unity. when they cope with the position of unity in strength, they can be improved on working conditions in themselves effectively.

In terms of the typical unity can be said the labor union, this paper which comes after under Section 4 Article 2 of Trade union and Labor Relations Act(hereinafter referred to as "the Labor Act") regulates that "Labor Tarde union is the group or the organization that has a goal to support and make better working conditions and improve the socioeconomic statue for workers, uniting voluntarily and workers must be a principal agent.

Trade union needs a person that is devoted to union activity in order to support and improve working conditions for Labors and the representative person is called the Full-time official of Trade union (hereinafter referred as "FTOT"). Article 24(1) under the Labor Act stipulates that workers are in only their jobs of Trade union not to provide prescribed working hours of a Labor contract in case of being an agreement of users or setting a labor collective agreement by workers.

This Full-time official of Trade union system can be partly explicable by discussion of legalization process, scholar's study, precedent, administrational interpretation about the a legal position of FTOT since it was introduced Trade union act the 1997 until the present in Korea. But by act 9330 Jan 1st 2010, which is prohibited trade union representatives, wage payment as a rule, passing off actually the settlement between Labor and management.

That is, Time-off system was introduced as the eclectic alternative, which sanctions a wage payment restricted an exceptional case(strictly speaking 'without a pay loss'), This Time-off system surely couldn't be an object of discussion Because of the unfamiliar system even the notion, Discussion about Time-off system became a new phase.

Also, Government choose legislative solution system about a problem of payment of FTOT not the principle of autonomy in Labor and Management. Despite everything, labor union act just regulates a minimum under section 4, Article 24 in regard to a practical part of Time-off system. The rest practical case is charged with a administrate commission and a minister of Ministry of Employment and Labor so-called the Time-off system can't be neglected.

Meanwhile opening plurality union's era from 1st Jan 2011, Full-time official system of Trade union is confronted with another circumstance. A study about Full-time official of Trade union system in korea has been done centrally on Trade union of business unit. Now if there is a plurality union on Business or business unit, it needs to be done more study about unreasonable discrimination in a predecessor´s number of Trade Union, a predecessor´s time between Plurality Union on account of majority trade Union or the authority of Enterprise.

Eventually, This study is arranged an academic and judicial achievement about a legal position of Full-time official of Trade Union primarily. Furthermore, the matter and theory of analysis of Time-off system the considerable matter in legislation process and Law system, investigating relation between Time-off system and established FTOT, implementing legalization. It is considered How the legal position of FTOT will be amended under the established Full-Time system, processing legalization. In addition. This study is researched how the FTOT and Time-off system go into effect in realistic considered aspect and has a carried certain problem in reality of labor and management after introduced Time-off system by revised Labor law and Plurality unions in usiness or business unit, recognizing and analyzing what kind of alternative there is.

Eventually, the purpose of this study is arranged the study result of the existing legal position of FTOT, explaining the legal position of FTOT in the changed reality after a revised Labor law has been implemented Time-off system and Plurality Union introduction of business or business unit, pointing the legal problem about current FTOT system according to an issue, suggested in this article what the future desirable solution is.

▣ Keywords : Union Official, Working condition, Trade union, Labor Relations Act, Wage payment, Time-off system, Administrate commission, Plurality union on Business or business unit, Legislative solution system about a problem of payment.