목차
Ⅰ. 들어가며
Ⅱ. 공무원노조와 교수노조 결성의 배경
1. 공무원과 교수의 노동기본권 행사를 금지한 법률규정
2. 보편적 인권으로서 공무원․교수의 노동기본권의 회복
3. 사회개혁의 주체로서 노동조합의 필요성
Ⅲ. 공무원노조와 교수노조 결성의 추진과정
Ⅳ. 공무원노조와 교수노조의 합법화 방향
Ⅴ. 맺는 말
Ⅱ. 공무원노조와 교수노조 결성의 배경
1. 공무원과 교수의 노동기본권 행사를 금지한 법률규정
2. 보편적 인권으로서 공무원․교수의 노동기본권의 회복
3. 사회개혁의 주체로서 노동조합의 필요성
Ⅲ. 공무원노조와 교수노조 결성의 추진과정
Ⅳ. 공무원노조와 교수노조의 합법화 방향
Ⅴ. 맺는 말
본문내용
government employees should be given the right to join the labor union except the employees correspondent to the employees always acting for the employer's interests that should be prescribed in the provision of Article 2, Sub-paragraph 4, Item 1 of the Labor Union and Labor Relation Settlement Act.
2) Limits of labor fundamental rights: The government employees and the professors should be wholly given the right to organize, to bargain collectively and to act collectively, otherwise the labor fundamental rights shall not fulfill its function. But the armed forces, the police officer, the prison officer and the fire officer might not be given the right to act collectively.
3) Organization unit of union: The organization unit of government employees union or professors union should not be limited to the specific unit of organization by virtue of law and regulations. To force them to organize the specific unit of organization shall result in infringing on their rights to choose the organization unit. But, for all practical purposes, it is most desirable that the labor union is organized as the national organization unit.
4) Arrangement of collective bargaining: The organization unit of government employees union or professors union should not be limited to the specific arrangement of collective bargaining by virtue of law and regulations. The arrangement of collective bargaining should be decided by the labor union's one self in correspondence to the organization unit of labor union. But, for all practical purposes, it is most desirable that the national unit's labor union bargains collectively with the 'bargaining committee of ministries' consisted of the ministries to have to do with the personnel administration, working conditions and budget account of government employees.
5) Conclusion of collective agreement: The government employees union and professors union should be given both the right of collective bargaining and the right of conclusion of collective agreement. In case that the articles prescribed in the concluded collective agreement are contrary to the law and regulations or budget account in force, it is necessary to take the legislative measure that force those articles to have the full force and effect.
6) System of legalization: In case that the government employees union and professors union shall be legitimated, those should not regulated by the particular law, namely, the National Government Employees Act or the Act on Formation and Operation of Labor Union for Teachers, but by the general law, namely, the Labor Union and Labor Relation Settlement Act. In case of being regulated by the particular law, it is possible that those labor fundamental rights might be excessively restricted on the ground of their official peculiarity.
key word : government employee, professor, government employees union, professors union, teachers union, labor fundamental right, government employees' work council, university professors association.
2) Limits of labor fundamental rights: The government employees and the professors should be wholly given the right to organize, to bargain collectively and to act collectively, otherwise the labor fundamental rights shall not fulfill its function. But the armed forces, the police officer, the prison officer and the fire officer might not be given the right to act collectively.
3) Organization unit of union: The organization unit of government employees union or professors union should not be limited to the specific unit of organization by virtue of law and regulations. To force them to organize the specific unit of organization shall result in infringing on their rights to choose the organization unit. But, for all practical purposes, it is most desirable that the labor union is organized as the national organization unit.
4) Arrangement of collective bargaining: The organization unit of government employees union or professors union should not be limited to the specific arrangement of collective bargaining by virtue of law and regulations. The arrangement of collective bargaining should be decided by the labor union's one self in correspondence to the organization unit of labor union. But, for all practical purposes, it is most desirable that the national unit's labor union bargains collectively with the 'bargaining committee of ministries' consisted of the ministries to have to do with the personnel administration, working conditions and budget account of government employees.
5) Conclusion of collective agreement: The government employees union and professors union should be given both the right of collective bargaining and the right of conclusion of collective agreement. In case that the articles prescribed in the concluded collective agreement are contrary to the law and regulations or budget account in force, it is necessary to take the legislative measure that force those articles to have the full force and effect.
6) System of legalization: In case that the government employees union and professors union shall be legitimated, those should not regulated by the particular law, namely, the National Government Employees Act or the Act on Formation and Operation of Labor Union for Teachers, but by the general law, namely, the Labor Union and Labor Relation Settlement Act. In case of being regulated by the particular law, it is possible that those labor fundamental rights might be excessively restricted on the ground of their official peculiarity.
key word : government employee, professor, government employees union, professors union, teachers union, labor fundamental right, government employees' work council, university professors association.
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