항만인력공급체제의 개편과 파업권의 제한

Abstract

It is undeniable that port unions have made some positive contributions to stable port management by having the exclusive rights to labor supply at ports. However, labors’ exclusive and superior status has also frustrated rational management of port logistics companies by restricting their employment right. Moreover, the possibilities of corruption due to the “closed-shop” system persist,while actual cases of corruption in the hiring process due to the abuse of exclusive power by the unions have been reported. In recognition of the aforementioned issues, a special law for the commercialization of port labor has been enacted and put in force. The expected outcomes are: protection of companies’ employment rights, increase in the quantity of goods transported, reduction in labor costs due to less labor input,increase in labor productivity, decrease in the number of industrial accidents, etc. However, with the abolishment of unions’ exclusive labor supply and commercialization of labor supply at ports, labor disputes may occur more frequently and therefore, it is necessary to discuss the possible justification to put limitations on workers’ right to strike. Since 98% of imports and exports go through ports in Korea, one day of strike could do immense damage to the national economy. Also, there are no other facilities that could replace ports in case of emergency. Considering Korea’s heavy dependence on international trade, one might even consider enacting a law that makes port services a national essential service.