우리나라의 노사분쟁해결제도의 개선을 위한 독일의 노동법원제도의 도입방안

• 영문명: Introduction of The Labor Court System of Germany for Improvement in Labor Dispute Settlement System
• 발행기관: 원광대학교 법학연구소
• 저자명: 이희성(Lee, Hee-Soung)
• 간행물 정보: 『법학연구』제21집 제2호, 253~276쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.31

영문 초록

Spurred by the recent changes in laborers’ sense of lights accompanied with social, cultural and economic progresses, the relative economic and social status of laborers has been upgraded gradually. What is more, laborers’ demand for participation in management has already become a frequent item on the agenda in Korea and transformation in the corporate personnel and labor management system is also responsible for the birth of diverse patterns in labor-management relationships and disputes in this country. Labor disputes can, first of all, be classified by whether they arise from individual or collective labor-management relationship. They too may be divided into disputes of rights or interests by their origins. The manners and means of mediating and settling labor-management disputes are thus dependent upon whether they are the ones between the parties of collective agreement or the ones of certain working places only. Conflicts between labor and management that are common now in most countries including Korea may be mainly put under the category of disputes for right. In Germany, for instance, the labor court is exclusively engaged in handling disputes surrounding the right of this kind. The labor court has the priority of settling disputes through an amicable agreement of the parties, not to speak of its trials and rulings. In terms of judicial judgement concerning disputes about the right, the labor court of Germany seems to have similar functions to those the Labor Relations Commission in Korea has. Comparing and analyzing the status of both organizations, however, we can not fail to notice that Korea’s Labor Relations Commission is, basically, just an administrative body of quasi-judiciary character while the Gennan labor court is a formal machinery of law. Particularly important here is the fact that, in Germany, there is a sole independent legal institution to treat entire disputes of right on the part of labor and management. Thanks to practical professionalism of its staff who are specialized in speedily mediating, judging and ultimately solving disputes, everyone concerned readily trusts and obeys its final judges in that country. Besides, in consideration of peculiarities associated with labor disputes, the judgement of the labor court is given mandatory force for both labor and management to consent and follow, securing by thus trustworthiness from the concerned parties and guaranteeing realization of judgements without delay and failure. The system of the German labor court has long been well known in Korea and introduction of a similar system has been under active debate since early. For our country to set up such institution, however, it is prerequisite to lay a legal foundation for the special court to deal with as Germany did. A labor court should be able to function fully from applications for relief to final decrees as an independent legal body. Otherwise, it may be hard to produce the intended effects even when a labor court system is established in Korea. In the worst case, the labor court, albeit formed as a legal body, may remain far from its expected role performance and functions. Under the present situation in Korea, the labor court, once launched, is expected to have to follow the way the Labor Relations Commission has been operated as a substitute body to arbitrate and rule disputes. Prior to introduction of the labor court, therefore, it is imminent to thoroughly study measures to improve operations of the current labor judging system and to secure professionalism of, assign authority and authorize jurisdiction onto the new organization.

목차

Ⅰ. 문제의 제기

Ⅱ. 우리나라 현행 노사분쟁의 유형과 해결제도

Ⅲ. 우리나라 노사분쟁해결제도의 개선의 필요성

Ⅳ. 노동법원의 도입방안

Ⅴ. 결론

參考文獻

〈ABSTRACT〉

키워드

노사관계의 변화 노동문제의 특수성 노동분쟁의 다양화 전문성 신뢰성과 시민 참여 노동위원회제도의 문제점 노동법원의 도입 Labor management system Labor-management relationships Labor Court Labor Relations Commission