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The Korean Statutes on Collective Labor Relations were enacted more than 60 years ago. Yet, the development on those laws have been significantly influenced by the relevant Japanese laws, as evidenced by the fact that one cannot meaningfully discuss the development of the Korean laws without discussing relevant Japanese statutes and the Japanese cases thereto.
There has been very little discussion as to why the Korean system has been deeply influenced by the Japanese laws. However, it can be assumed that Korea did not have a lot of resistance in incorporating and adopting Japanese theories and cases, for the reasons that: (1) the basic contents of the laws are very similar between the two countries; (2) that both countries recognize the three labor rights as constitutional rights; and (3) that labor unions are organized per business in both countries.
The Korean system on collective labor relations has shown a trend to move beyond the Japanese influence, while keeping the basic structure from the enactment, with significant changes such as the unification of negotiation channel pursuant to one business one negotiation principle. Despite this recent trend, the comparative analysis on the Japanese and the Korean systems is still important, as illustrated by following points. The case law theory on collective agreement has been the foundation for Korean laws on collective labor relations. Moreover, in case of multiple unions, the Japanese case law theory on the duty of neutrality to be imposed on employers has been referenced and discussed in cases involving discrimination against one union in Korea.
There has been very little discussion as to why the Korean system has been deeply influenced by the Japanese laws. However, it can be assumed that Korea did not have a lot of resistance in incorporating and adopting Japanese theories and cases, for the reasons that: (1) the basic contents of the laws are very similar between the two countries; (2) that both countries recognize the three labor rights as constitutional rights; and (3) that labor unions are organized per business in both countries.
The Korean system on collective labor relations has shown a trend to move beyond the Japanese influence, while keeping the basic structure from the enactment, with significant changes such as the unification of negotiation channel pursuant to one business one negotiation principle. Despite this recent trend, the comparative analysis on the Japanese and the Korean systems is still important, as illustrated by following points. The case law theory on collective agreement has been the foundation for Korean laws on collective labor relations. Moreover, in case of multiple unions, the Japanese case law theory on the duty of neutrality to be imposed on employers has been referenced and discussed in cases involving discrimination against one union in Korea.
목차
Ⅰ。はじめに
Ⅱ。憲法上の??三?の保障と日本法との比較
Ⅲ。韓?の集?的???係法の成立における日本法の影響
Ⅳ. 終わりに
〈Abstract〉
참고문헌 (9)
참고문헌 신청
1. [단행본] - 이흥재 / 2010 / 노동법 제정과 전진한의 역할 / 서울대학교출판문화원
2. [단행본] - 菅野和夫 / 2008 / 労働法 / 弘文堂 : 19 ~
3. [학술지(정기간행물)] - 이흥재 / 2005 / 노동조합법제정사의 법사회학적 조명 ― 그 제정배경과 전진한(錢鎭漢)의 역할 및 법인식의 탐조(探照) ― / 서울대학교 법학 46 (2) : 169 ~ 197
4. [기타자료] - / 1990 / 大法院1990.5.13, 宣告90ド357判決
5. [기타자료] - / 1991 / 憲法裁判所1991.7.22,89憲ガ106 決定
2. [단행본] - 菅野和夫 / 2008 / 労働法 / 弘文堂 : 19 ~
3. [학술지(정기간행물)] - 이흥재 / 2005 / 노동조합법제정사의 법사회학적 조명 ― 그 제정배경과 전진한(錢鎭漢)의 역할 및 법인식의 탐조(探照) ― / 서울대학교 법학 46 (2) : 169 ~ 197
4. [기타자료] - / 1990 / 大法院1990.5.13, 宣告90ド357判決
5. [기타자료] - / 1991 / 憲法裁判所1991.7.22,89憲ガ106 決定
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