勤勞三權과 經營權 衝突解決에 關한 硏究

• 영문명: A Study on the Conflict Resolution of Labor Rights and Management Rights
• 발행기관: 원광대학교 법학연구소
• 저자명: 金範基(Kim, Beom-Gi)
• 간행물 정보: 『법학연구』제21집 제2호, 333~359쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.31

영문 초록

Employment relations are established based on but closely related with an employment contract in principle, and also are legal relations that bind labor and management mutually. Furthermore, management rights and unityㆍcollective action rights are mutually restricted relations. With the realization of democratic labor management relations, right exercise is in need of accepting mutual limitation. Although unity action was only activity of expressing citizens’ collective opinion in the level of civil laws, it could have legal approval of special protective exemption in an aspect of labor laws through amending the principle of civil laws. Its objective is to secure criminal and civil exemption of union activity and to prohibit unfair labor action, which is inherent in the constitution. Accordingly, interpretation theory that distinguishes unity action from a strike and is intended to exclude unity action by agreement from the objection of exemption from the beginning cannot be accepted. It is because both strike and unity action by agreement pursue a common goal to realize the value of right to live. Management rights are employer’s inherent rights. Although a precedent admits it as a legal right, this does not mean that it is a right based on the positive law. But its scope of execution as a decision making right reserved to an employer also is limited to legal matters. While some deny the existence of management rights on the basis of its failure to prescribe specifically in constitution or laws like labor rights, others argue that management rights should be admitted as a nature right since it should be organically consistent with the management of a property right in the constitution system which ensures a property right. On the other hand, the objective of securing labor rights in the constitution is to realize the value of right to live that union activity has. In essence. legal evaluation about labor management relations should always respect the spirit of the constitution and examine its validity. Also the principal of labor laws should be developed and controlled according to harmonic order. This study is intended to examine union activity rights and their definite guarantee, and evaluation standards of controlling legal benefit with management rights. Furthermore, this study seeks to establish the characteristics of union activity and new management order which meets reality. Management rights are given to fully fulfill a duty to improve productivity and produce quality products and service through rational operation for continuation and development of management. Its legal basis is on a property right, a legal right based on labor contract with labor, and manager’s inherent functional right. Existing legal control over union activity has not played an active role in protecting management rights, breaking labor’s economic and human dependent relations, and dealing with special legal matters according to community development and changes in labor-management relations. Since labor laws do not provide all kinds of problems which can occur during union activity, when union activity comes into conflict with management rights, labor laws do not act as evaluation standards for legal benefit, but provide one limited protective law. To solve problems which are not provided in labor laws, the regulations and principle of protective law of labor laws are needed to be actively analogized, expanded, and applied according to historical background of being defined as basic rights and its basic intent. Finally, labor laws are needed to establish the development direction of providing labor management relations prior to labor protection in order to fully secure union activity and management rights. Based on the basic intent, the purpose of this study is to suggest interpretation standards which can objectively and rationally evaluate all problems of union activity which are not provided in labor laws.

목차

Ⅰ. 序論

Ⅱ. 勤勞三權과 經營權의 法的意味

Ⅲ. 基本權衝突과 解決理論

Ⅳ. 結論

參考文獻

〈ABSTRACT〉

키워드

근로3권 노동운동 생존권 경영권 Conflict Labor Rights Management Rights