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필수공익사업에 있어서의 직권중재제도에 관한 연구 원문보기
(A) Study on the Compulsory Arbitration System in the Essential Public Services

  • 저자

    김재훈

  • 학위수여기관

    창원대학교 대학원

  • 학위구분

    국내석사

  • 학과

    행정학과

  • 지도교수

  • 발행년도

    2003

  • 총페이지

    iii, 90p.

  • 키워드

    필수공익사업 직권중재제도 노동쟁의 조정제도;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T9465923&outLink=K  

  • 초록

    In the modern industrial society, it is required to review the labor-management relation because it has changed a lot recently. In the competition among the companies of the advanced countries, to reform the labor-management relation reasonably and effectively is very important. In this context, one of the pending issues in Korean labor-management is Compulsory Arbitration System of Essential Public Services. The right of collective action is the fundamental right of labor specified in the Constitution. However, it may conflict with other fundamental rights. Especially, based on the idea and value of the Constitution, some fundamental rights (e.g., the right of life, the right of personal safety, and the right of health) are superior to the right of collective action. So, it is justified normatively to restrict or deprive of the right of collective action. In this respect, it is possible to consider Compulsory Arbitration System of Essential Public Services as constitutional. But this system may deprive of the right of collective action which is specified in the Constitution. Thus, the labor world insists that Compulsory Arbitration System of Essential Public Services should be repealed. On the other hand, the management insists to enlarge the application of Compulsory Arbitration System of Essential Public Services. Therefore, they have failed to reach the agreement, though this matter has been discussed several times in the committee of the labor-management since 2001. The purpose of this study is to review the actual condition of the application of Compulsory Arbitration System of Essential Public Services, to find out the problems, and to suggest the improvement. Many research on Compulsory Arbitration System of Essential Public Services studied the legal and systematical aspect. The focus of their argument was on the scope that would allow to add or delete a project to the area of Essential Public Services or the cancellation of Compulsory Arbitration System itself. Few study was on the management of the system. Therefore, this study focuses on the management aspect as well as the legal and systematic aspect for the improvement of the system. To review Compulsory Arbitration System of Essential Public Services, this study is organized as follow. The purpose, scope, and method of the study is in the first chapter. In the second chapter, the meaning of Compulsory Arbitration System of Essential Public Services is studied. The third chapter is for the analysis of the management of Compulsory Arbitration System of Essential Public Services. The improvement of the system in chapter four.


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