공무원 노동조합법제의 비교법적 고찰

Abstract

This study aims at establishing minimum unit, limiting joining labor union, limiting collective bargaining, prohibiting collective action which aroused controversy from enacting the civil service labor act with the critical view. this study examines the civil service labor union act and the legislative system of Korean civil service labor union and comparing to the legislative system of foreign countries. Through this study it is as follows the problems of the existing civil service law a reform measure. First, it should be decisively amended that existing legislative system restricting the organization of a unit of the civil service labor union and limiting joining in association. It is in large that there is no legal limit to a form of organization of civil service labor union except Japan of five countries. so the limit of the minimum establishment unit goes against freedom principle of establishment labor union. but if the establishment unit excessively is limited, establishing labor union it is not desirable to establish labor union in Eup, Myun, Dong because of working conditions. Moreover it is very difficult to find it in foreign countries a case that is prescribed to limit 6 rank officer to join the civil service labor union. as civil officers are limited to join according to staff level and work trait in fact, not staff level but work trait will be restricted. Second collective bargaining which existing labor union act of civil service excessively limits should be reform broadly. collective bargaining things are pay, work environment, other working conditions but aren't policy decisions, organization, personal affairs, compilation of the budget etc. But it is not right to exclude something that is closely connected with the reform of working conditions of civil officers and economical and social position. as you saw the precedents of British and the USA, the purview of the collective bargaining of the civil service labor union should be escalate little by little. Third. collective action right of the civil service labor act limits. although it is obliged to limit a labor dispute to be public welfare and in the collective action of civil service labor act. but there are enough means to fit harmoniously among public welfare, collective action of civil service, previous announce strike system, the order to return to work etc, like the cases of the advanced countries, uniformly, deprived of the collective action of civil service labor act, if they offend against the law, they have to be criminal prosecution, It is against the minimum infringement, excessive prohibit of the constitution, the balance of the benefit and protection of the law of the article 37 clause 2 means suitability. In short it should be recognized in the limit in the future.