초록 일부
ABSTRACT
Limitation and Improvement of the Union Activities
in Administrative Agencies
Phung-Young Jung
Department of Law, Graduate School
Chungnam National University
Dae...
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초록 전체
ABSTRACT
Limitation and Improvement of the Union Activities
in Administrative Agencies
Phung-Young Jung
Department of Law, Graduate School
Chungnam National University
Daejeon Korea
(Supervised by Professor Soh-yeong Kim)
Labor-management relations within administrative agencies in korea have characteristics which are quite distinct from the private sector, such as the pursuit of the public interest, the
specificity of the duties of the execution of official duties, the strict observance of laws and budgets. Therefore, the civil servants'' union and the general union have various limitations in forming and joining the union and in routine activities and collective bargaining, depending on the specificity of the organization called the administrative agency and its members.
In this regard, the necessary system improvements may be presented as follows with respect to the factors limiting union activities of the civil servants'' union and the general union in the administrative agency.
If it is interpreted that the three labor rights of civil servants under Article 33 paragraph 2 of the Constitution are recognized in principle, the "labor movement" should be deleted from the "banning of collective action" clause of Article 66 paragraph 1 of the National Civil Servants'' Act and Article 58 paragraph 1 of the Local Civil Servants'' Act. In the case of general labor unions, the jobs of secretaries or security guards are usually auxiliary and advisory, so it is necessary to place a clue in article 2 subparagraph 4 of the Labor union Act, to prevent cases in which membership is restricted by restrictions on the qualifications of union members.
In the case of civil servants'' unions, it is necessary to prescribe the scope of labor union activities during working hours in advance in the national (local) Civil Servants'' Service Regulations, and to provide a basis for immediate enforcement if labor and management sign a collective agreement without exceeding the scope. There is a method to amend Article 17 paragraph 3 of the Civil Servants'' Union Act to apply Article 24 of the Labor Union Act which stipulates the exemption of working hours. And there is also a way to create a new system in the Civil Servants'' Union Act in a different way from the Labor Union Act. It is unfair to deduct working hours exemption time when a worker exempt from working hours from a general labor union attends a general meeting or a representative meeting under a collective agreement, and it is also not reasonable for unpaid full-time union workers to be admitted to and from work under company regulations such as employment rules.
Facilities such as government offices in administrative agencies belong to public property under the National Property Act and the Public Property Act, so it is necessary to clearly stipulate the criteria and methods of use permission, and exemption of user fees.
The National(local) Civil Servants'' Service Regulations stipulate that "civil servants shall not oppose national policies or interfere with the establishment and execution of national policies by group, association, or by using the name of the organization." This is because the concept is too vague and broad, it is necessary to delete it or define it clearly. In the case of general unions, the incidental and ancillary activities of labor unions to achieve their main purpose should be faithfully guaranteed as part of union activities, which are exercise of the right to organize rather than political activities.
The unilateral deletion or closure of the union''s exclusive notice section provided by the administrative agency to the administrative information system, etc. constitutes an abuse of rights and should be treated as unfair labor practice.
Article 8 of the Civil Servants'' Union Act should be revised to allow Civil Servants'' Union which is organized as a minimum establishment unit or its branch, to immediately demand collective bargaining with the other administrative agency to which union members belong. The Civil Servants'' Union Act should also reflect Article 29-2 of the Labor Union Act and introduce the procedure for selecting negotiation committee members by the Labor Relations Commission.
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