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City Corporations and labor relations Law in Korea

  • DONG-A LAW REVIEW
  • 2015, (68), pp.81-109
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Song, Kang Jik 1

1동아대학교

Accredited

ABSTRACT

I intend to analyze labor relations of the City Corporations in Korea. The Corporations are established by each local government concerned. I had an opportunity to appraise business management of the 15 Corporations supervised by the Ministry of Government Administration and Home Affairs. In the appraising of business management, I handled labor relations part among some various appraisal parts. Conclusions are as follows: First unfixed term workers generally are not able to join trade union. Second plural unions should in principle unify within a bargaining unit to bargain with an union members’ employer by the Trade Union and Labor Relations Adjustment Act Sec. 29-2. These demands by the Act are not kept. Third there are also some legal problems in collective bargaining agreements. For example union shop clause provides that an employee automatically should be an union member after 30 days from he or she is employed. This like clause is, however, null and void because only an employee has a right to join union or does not. Forth it is not clear to distinguish a function of a Labor Management Council from a function of a collective bargaining where a trade union is established. A function of the Council is expected to pursue a cooperation between an employee side and an employer side, but a collective bargaining has in principle a character to adjust or compromise their interests each other. The Council directly or substantially takes, however, a role of the collective bargaining. Only the Council fails to an agreement, objects concerned are negotiated in the collective bargaining table. Finally a system of appraising of business management excessively intervene in labor relations. It should be noted that a decision of labor conditions, and terms of employment of contract in principle must be reserved to the autonomy by an employee and its employer especially through the collective bargaining. According to the system, however, it compels all Corporations to keep uniform standards with respect to holiday, leave etc. Also the system takes strongly a negative position against a strike.

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