부당노동행위 구제제도 개선방안에 관한 연구

초록

Up to now, as the Ratio of Recognizance in the Remedy System of Unfair Labor Practices had showed so low Level, many Researches had requested that the Burden of Proof in Unfair Labor Practices Cases should be Distributed or Converted. Recently, the National Human Rights Commission of Korea had made a Legislative Proposal of Labor Law that the Employer may shoulder the Burden of Proof in Unfair Labor Practices Cases. But the Reconstruction of Burden of Proof will be able from that the Structure of Trade Union and Labor Relations Adjustment Act(TULRAA) §81 ① has the Negative Sentence same as Labor Standards Act §23 ①. As the Character of Recognizance by Labor Relations Commission is an administrative disposition, the swiftness & simplicity of Remedy would be required flexible & actuality. And the Importance of “Listening Closely” in the Resolution System of Industrial Disputes reveal the Significance and Potentialities of the Alternative Labor Disputes Resolution System. Nevertheless, the Amendment Legislation of Labor Laws will be make some offer that the Elevation of Speciality & Impartiality of Labor Relations Commission of Korea. For Examples, the Rectification of Definition of “Industrial Disputes” in TULRAA §2 5, the Revitalization of Emergency Perform Order of Remedy in TULRAA §85 ⑤, the Extension of Application Term for Remedy in TULRAA §82 ②, the Legislation of “Industrial Disputes Litigation Act” would be requested as soon as possible.

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