프랑스의 단체협약의 적용에 관한 연구

Abstract

In Korea, collective agreements apply only to trade union members and exceptionally they can apply to non-members under very sever conditions(cf. Art. 35 and Art. 36 of Trade Union and Labor Relations Adjustment Act). As a result, the difference between coverage rates of collective bargaining agreements and trade union density rates of Korea is very little, or man can say, it is almost the same. On the contrary, in France the difference is more than 80%. Even if the rate of trade union density of France is only above 9%, its coverage rate of collective bargaining is over 92% (OECD, 1992, 2006). Because in France if an employer is bound by the clauses of an collective agreement, the clauses should apply to all workers who have contracts of employment with him(Art. L. 2254-1 of Code of the Labor), and the extension systems of collective agreements are also very widely carried out. A research report said in 1992, considering the relation between coverage rates of collective agreements and density rates of trade union, the average of coverage rates for the 17 member countries was around 30 percentage points higher than the average union density rate(68 vs. 38 %). I think, Korea should also try to raise the coverage rate of collective agreements, as long as it is a member of OECD. In this study, I tried to explain the french legal systems on the application of collective agreements to labor contracts of workers. And I compared our legal systems to the french systems, in order to find a way to raise the coverage rate of our collective agreements.