노동위원회의 노동분쟁처리 특성과 역할에 관한 연구 : 부산지방노동위원회를 중심으로 = (A)study on the characteristics and roel of the labor dispute settlement by labor relations commission : focued on Busan regional labor relations commission

다국어 초록 (Multilingual Abstract)

The purpose of this study is to investigate in depth the characteristics and role of the labor dispute settlement by Labor Relations Commission. Since the labor-management relation in Korea has been slower in its conflict resolution compared to the development speed of other economic and social areas, it has been pointed out as one of the barriers to competitiveness or to advancement into the developed countries. According to the survey conducted by International Institute for Management Development in 2009, Korea ranked 56th, out of 57 OECD member countries. In addition, The Global Competitiveness Report released by World Economic Forum showed that Korea's labor market efficiency ranked 84th, and among the sub-items, ranked 131st in the labor-management cooperation. The ratification of the labor standards of International Labor Organization indicated that the average number of ratification of ILO treaties by 30 Organization for Economic Cooperation and Development members is 63 out of the total 188 International Labor Standards. However, the number of ratification of Korea is only 24, which is only 1/3 of the ratification of the OECD member countries. Likewise, the competitiveness or internationalization of the labor-management relation in Korea is not suitable for its national prestige, and is not harmonized with the competitiveness of many other areas. Even though there are various reasons for the serious relations between the labor and management, the immediate cause is frequent occurrences of labor dispute. The summarized study results based on the analysis of data and survey conducted targeting the Labor Relations Commission, which is established and operated for the settlement of labor disputes, are as follow:
First, with regard to the comparison of labor dispute settlement systems between Korea and other countries, Korea adopted a compulsive arbitration system(adjustment prior to strike),which was characterized by the underdevelopment of the collective labor-management relations. This suggests that a voluntary arbitration system, which is a global trend, should be adopted when preparing a development plan in the future.
Second, the comprehensive analysis of data for the past ten years on the Labor Relations Commission, an organization for labor dispute settlement, indicated that the individual labor dispute has been increasing, the collective labor dispute has been stabilized at a low level, and the industry-specific disputes have been prominent. The continuous increase in the individual dispute was in line with the global trend. This is attributable to the development of knowledge, consciousness, education, mass communication, etc. The stabilization of the collective dispute reflected the inspiration of law-abiding spirit and the practical interest of labor movement. The asymmetry by industry indicated that the labor-management relations have transferred from a manufacturing industry to other industries, and was confirmed by the increased number of disputes, especially in industry groups with small number of employees, weak organizational power, and a small business size. When restructuring the Labor Relations Commission's organization and considering its role and function, the general trend of these two major labor disputes should be taken into account. In the comparison between the Busan and the national (between 2005 and 2009), some different or reversed results in specific areas, which can be a valuable reference for the Busan Regional Labor Relations Commission when coping with disputes or preparing a development plan, were identified.
Third, in the analysis of the survey, the results of the reliability analysis, (Chronbach's alpha) conducted on 14 items on the role fulfillment of Busan Regional Labor Relations Commission, 12 items on the contribution to the stabilization of labor-management relations, and 11 items on the improvement of Busan Regional Labor Relations Commission, were all higher than 0.8, indicating a very high level of reliability. In the role fulfillment of Busan Regional Labor Relations Commission, 'judged well in a fair manner for the individual unfair dismissal' was the highest, and in the comparison of average value of the contribution of Busan Regional Labor Relations Commission to the stabilization of labor-management relations, the highest was 'the overall activities of Busan Regional Labor Relations Commissions exerted a positive effect on the development of the regional labor-management relations. With respect to the necessary improvement of Busan Regional Labor Relations Commission for the development of the Regional labor-management relations, 'for more systematic and professional arbitration and judgement, a specialized approach by each issue through the establishment of a team structure in the public members' showed the highest. As for the difference in the recognition by personal characteristics on the future development plan for Labor Relations Commission, the following two questionnaires were statistically significant: 'the number of public members for both arbitration and discrimination correction should be increased' and; 'the existing appointment criteria should be strengthened to enhance the professionalism of the public members. The difference in the means between groups was statistically significant for the following items: the expansion of preventive education programs to reduce the application related to unfair labor practices and unfair dismissal is urgently needed; the private arbitration system should be actively utilized to overcome the limitation of the public arbitration system (limitations on the number, location and human resources of arbitration); and the establishment of tentatively named 'Labor Dispute Arbitration Center' with all interested parties involved, which can privately arbitrate the labor-management conflicts in the region, is necessary. The analysis results should be stepping stones for advanced labor-management relations, by actively accommodating them when establishing a plan for the future development and improvement plan of Busan Regional Labor Relations Commission. Furthermore, the analysis results of this study have a potential to be used as valuable data for the related professionals or related organizations to offer ideas in the future.

목차 (Table of Contents)

• Ⅰ. 서론 1
• 1. 연구목적 1
• 2. 연구방법과 범위 3
• Ⅱ. 기존연구와 분석틀 5
• 1. 기존연구 5
• 2. 연구의 분석틀 11
• Ⅲ. 국내외 노동분쟁처리제도 비교 13
• 1. 주요외국 제도 13
• 1.1 미국 13
• 1.2 일본 16
• 1.3 독일 19
• 1.4 중국 23
• 2. 우리나라 제도 26
• 2.1 변천과정 26
• 2.2 주요특징 28
• 3. 소결 34
• Ⅳ. 노동위원회의 노동분쟁처리 특성분석(1998~2009) 37
• 1. 개별노동분쟁처리 37
• 1.1 접수 부문 37
• 1.2 세부처리 부문 38
• 1.3 산업별 부문 40
• 1.4 행정소송관련 부문 44
• 2. 집단노동분쟁처리 45
• 2.1 접수와 세부처리 부문 45
• 2.2 조정성립률 부문 47
• 2.3 산업별 부문 50
• 2.4 양대 노총가입여부 부문 51
• 2.5 조정신청대상 사업별 부문 52
• 3. 부산지방노동위원회와 전국 비교 53
• 3.1 개별노동분쟁처리 53
• 3.2 집단노동분쟁 처리 58
• 4. 소결 67
• Ⅴ. 노사관계 안정화와 노동위원회 역할분석 70
• 1. 연구 설계 70
• 1.1 조사방법 70
• 1.2 기초통계 개관과 신뢰도 분석 72
• 2. 노사관계 안정화에 대한 노동위원회의 역할 80
• 2.1 분석방법 80
• 2.2 분석결과 83
• 3. 노동위원회 개선방안에 대한 인적특성별 인식차이 89
• 3.1 분석방법 89
• 3.2 분석결과 89
• 4. 소결 95
• Ⅵ. 결론 99
• 참고문헌 103
• Abstract 106
• 부록 110
• 부록 1 노동위원회 구조 110
• 부록 2 심판사건 절차 111
• 부록 3 조정사건 절차 112
• 부록 4 행정소송 편성 및 제기 분석 113
• 부록 5 행정소송 제기 그룹별 분석 114
• 부록 6 설문지 115

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