노동분쟁해결제도 개선방향의 모색 - 노동위원회와 법원을 중심으로

Considering the pros and cons of introduction of the labor tribunal, it is necessary to recognize particularity of labor disputes to prove substantial necessity of the introduction. It seems to me that as the court specializing in the labor disputes, independent labor tribunal is better than dependent judicial organization such as exclusive trial division to cope with such necessity.<BR> Even if the introduction of the labor tribunal is agreed, there still remains the problem of determination of the relation between the labor tribunal and the Labor Relations Committees. It seems convenient and desirable to transfer jurisdiction over unfair dismissal cases to the labor tribunal. As to unfair labor practice cases, however, it could be more desirable that the Labor Relations Committees keep the authority of primary decision thereof to reflect characteristics of dynamic industrial relation and search for flexible and various relief measures.<BR> It may be desirable to try to settle disputes by ways other than decisions of the court even when the labor tribunal is introduced. The pre-trial arbitration procedure in the tribunal will be needed for the settlement, but which organization will take charge of the process is an open question. In my personal opinion, it is possible to let the tribunal and the committees organically cooperate and the committees take the pre-trail arbitration procedure by actively referring to the British system.<BR> One of the attempts to reform the framework of the current labor dispute settlement system is to make the committees take charge of arbitration of collective as well as individual labor cases using knowledge and experience on labor cases accumulated so far, and the tribunal take charge of trials on individual labor cases in principle.<BR> As to the problems of procedure and timing of dispute mediation, I agree with `where a dispute is, there is mediation` principle and `active mediation service` principle suggested in the Labor-Management Relations Act Progressing Plan.