유니온？僿河ㅀ？ 근로자의 소극적 단결권

Union Shop Agreement and Labourer s Right Not to Organize

In general, the Union shop agreement between the labor union and the employer can sanction individual worker s right to freedom not to become a member of labor union. Therefore, the Union shop agreement is legally forbidden in many countries. However, it is valid, if the rate of workers accession to the labor union, which is prescribed in the conditional clause of par. 2 art. 81 Labor Union and Labor Disputes Mediation Act, is achieved. Nowadays the Union shop agreement is making negative rather than positive roles in the Korean labor relationship. It should be needed to prove whether the conditional clause of par. 2 art. 81 Labor Union and Labor Disputes Mediation Act is unconstitutional or not. I think this clause is against Korea s Constitutional Order, especially worker s right to pursuit of happiness in art. 10 and worker s right to equality in art. 11 Constitutional Law.