노사갈등의 유형분석과 그 효율적 해결방안의 모색 - 법적ㆍ윤리적ㆍ관행적 측면에서의 접근

Like all human behaviors, labor-management behaviors are based on ethics and custom as well as law.<BR> Although a conflict between labor and capital is caused by non-legal matters, after all it should be managed within legal procedure and the institutional frame. However, the cause of it will not be necessarily focused on its legal aspect, but rather it is worth considering how ethical issues and the custom of an industrial society, which take place regardless of law, have an influence on a legal area.<BR> Providing a different view and a clash between labor and management are referred to as labor-management conflicts on a general basis, aspects of them will be divided into 8 categories in light of law, ethics and custom, and conflicts of each category will be analyzed.<BR> A human being is an animal of desire that does not stop their indefinite desire, facing definite materials, so they need the compelling force of something fatalistically while they do not behave meaningless behaviors and at the same time they are willing to die in a good cause.<BR> Besides, now that they are such a respectful animal of an old tradition that they want to follow that, custom has something contradictory of law or ethics combined and melt in it, and therefore it should not be ruled out of crucial behavioral principles between labor and capital.<BR> What are important to solve labor-management conflicts are a consideration of ethics and the custom of an industrial culture in terms of the interpretation and application of law, and an improvement in the expertise of both a labor relations commission and conflict arbitrators.<BR> For the sake of that, the introduction of a labor court should be seriously reviewed and the ongoing private arbitration mediation system complemented and developed.<BR> Looking at the realities of labor-management relationships, the merciless execution of law brings about resistance based on ethical emotions, which stay under custom; behaviors drawn by them endanger law and order; and those complexes are mixed and co-exist, so that the positive law needs an ethical meaning and ethical feelings need a law-abiding meaning to draw empathy with each other somehow. This research aims at seeking for solutions to the conflicts to realize that objective in an effective way.