노동위원회법 제정심의의 쟁점

Abstract

The purpose of this Article is to contribute to self-reflecting the basic legal

view points in making 'new road-map of the adjustments of industrial disputes',

by analyzing major critical debating issues in the establishment of the Labor

Relations Commission Act(LRCA) which was established in the turmoil of the

Korean War at the refuge Capital Pusan in 1953. Therefore the scope of this

study is limited to major legal points at issue in the establishment of LRCA and

its approaching method is to research the stenographic records of the Second

National Assembly(SNA) as its first material.

The author argues that the most critical point at issue was the composition of

the Labor Relations Commission(LRC) and the other major points at issue were

the National Labor Relations Commission's right to review, the Adjudication

Committee composed of only members of public interests, the status of LRC,

qualification for chairman of LRC, the status of the members of LRC, and the

calling of meeting and so on. The reason why the composition of LRC was the

most critical point at issue resulted in that only a 'fair and independent' LRC

could actually guarantee activities of Trade Union including workers' collective

action, because LRC had jurisdiction over adjustment of industrial disputes and

other related matters under Trade Union Act, Labor Relations Adjustment Act.

The Original Bill of LRC(OB) drafted by Social Health Committee of SNA

prescribed as this ; LRC should be composed of three members of workers,

employers and public interests respectively. Members of SNA, Jin Han Jeon and

Jin Soo Lee representing the interests of worker, who had deep distrust of role...