유니온숍협정제도의 헌법적 정합성에 관한 일고찰

A Study of the Constitutional Conformity of “Union Shop” Agreement System

Korean Trade Union and Labor Relation Adjustment Act art. 81, subpar. 2, pro. allows a employer to conclude the Union Shop Agreement with his company’s labor union which is represented by more than two-thirds of laborers in a business shop. However it is a question if this provision is conformable to art. 33. Korean Constitution in which so-called the labor’s three primary rights should be guaranteed. In this essay, I am trying to revalue normatively the constitutional conformity of this proviso clause, relating it with the recent changes of Korean Labor Society. And then I am asserting that this proviso clause of the Trade Union and Labor Relation Adjustment Act art. 81, subpar. 2 should be abolished because of the violation of the constitution.