노동법원 설립과 노동위원회의 활용방안에 관한 연구

초록

Unlike other countries, Korea's Labor Commission is in charge of unfair dismissal trials, which are judicial functions. This is because the discussion on the establishment of a labor court was concluded by granting the labor committee the power to judge the case of unfair dismissal relief at a time when the first labor court was discussed. This is a factor that slows legislation for the introduction of the labor court by deepening discussions on how to dress up the functions of the labor committee and labor court, which have long dealt with unfair dismissal trials, despite the general consensus on the need to establish a labor court. In addition, due to the peculiarity of the labor court, the participation of the judges is generally recognized, but opinions are sharply divided over the composition of the court as to whether it should be a complete or quasi-judgment type, which is also related to the right to be tried by judges prescribed by the Constitution and Act of Article 27 (1) of the Constitution. As discussed above, if a labor court is established, I think it is reasonable for the labor court to take charge of cases of unfair dismissal and relief of unfair labor practices that the labor committee was in charge of as a judicial function. However, it is necessary to seriously consider transferring all or part of the labor committee's judgment functions to the labor court or taking charge of the pre-reconciliation process of cases filed with the labor court, rather than replacing them with the labor court at once. Regarding the plan to maintain the decision function of the Labor Relations Commission, even if the decision function is maintained, the National Labor Relations Commission's retrial process can be randomized to file a revocation lawsuit with the administrative court immediately against the local labor committee's decision, and a model in which the Central Labor Relations Commission's exclusive jurisdiction of the first trial is the same as the patent case. As prerequisites for discussion to properly operate the labor committee's judgment function, the improvement of the labor committee's expertise and improvement of business processing procedures must be carried out in parallel. And with the establishment of the labor court, the part that must be discussed is the improvement of litigation procedures that fit the characteristics of labor cases. In order to properly realize the purpose of introducing the labor court, it is also necessary to introduce special provisions in litigation procedures specialized in labor cases. In other words, it is necessary to devise a plan to shorten the dispute resolution period for quick relief of rights, strengthen ex officio hearings for workers who are relatively weak compared to employers, and to reduce litigation costs as much as possible when introducing the labor court.

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