지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
This thesis analyzes contents and actual conditions of essential minimum services in Korea and deduces problems of the service system. Essential minimum service system has been enforced for 4 years and it is time to review to see whether it is headed toward right direction. This thesis introduces essential public services in Italy especially. By analyzing contents and conditions of Italian essential public services, it tries to figure out some ideas can be introduced in Korean system. Based on these ideas, this thesis suggests ideal directions that Korean system could go forward.
In Italy, they have separate regulations for strikes in public sector. They use "i servizi pubblici essenxiali" which is very similar to the "essential public service" used in Korea rather than "essential service" that ILO suggests. Therefore, reviewing Italian public strike regulations and protections would give some related suggestions to Korean system.
Italian system suggests that although the law itself defines "essential public service", the actual concrete scope of the service should be decided by the Employee and Employer autonomously. Also some other advantages of the Italian system could be these points that there is Essential Service Security Committee to manage essential public services professionally, the Employee and Employer participate in the issue freely, the government intercepts the least, users of the system are protected through the law, the trade union and the employer are subjected to sanctions in a certain point, and workers are to return to work by order.
Essential minimum services to be maintained are to harmonize rights to strike and public interest, not to restrict the rights to strike in essential public service. The purpose of this system should be realized based on free agreement between the employee and employer.
In Italy, they have separate regulations for strikes in public sector. They use "i servizi pubblici essenxiali" which is very similar to the "essential public service" used in Korea rather than "essential service" that ILO suggests. Therefore, reviewing Italian public strike regulations and protections would give some related suggestions to Korean system.
Italian system suggests that although the law itself defines "essential public service", the actual concrete scope of the service should be decided by the Employee and Employer autonomously. Also some other advantages of the Italian system could be these points that there is Essential Service Security Committee to manage essential public services professionally, the Employee and Employer participate in the issue freely, the government intercepts the least, users of the system are protected through the law, the trade union and the employer are subjected to sanctions in a certain point, and workers are to return to work by order.
Essential minimum services to be maintained are to harmonize rights to strike and public interest, not to restrict the rights to strike in essential public service. The purpose of this system should be realized based on free agreement between the employee and employer.
목차
Ⅰ. 서설
Ⅱ. 이탈리아의 필수공익서비스제도
Ⅲ. 현행 필수유지업무결정 절차에서의 개선방안
Ⅳ. 결론
참고문헌
Abstract
참고문헌 (0)
참고문헌 신청이 논문과 연관된 판례 (1)
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대법원 1997. 10. 10. 선고 97누4951 판결
[1] 사용자와 근로자 사이의 근로계약관계에 있어서 근로자의 대우에 관하여 정한 조건인 근로조건 이외의 사항에 관한 노동관계 당사자 사이의 주장의 불일치로 인한 분쟁상태는 근로조건에 관한 분쟁이 아니어서 구 노동쟁의조정법(1996. 12. 31. 법률 제5244호로 폐지되기 전의 것) 제2조의 노동쟁의라고 할 수 없고
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UCI(KEPA) : I410-ECN-0101-2014-330-003652548