한국의 「재판 외 노동분쟁해결제도(ADR)」에 관한 연구

Most of important Korean labor laws were legislated during Korean-war (1950~1953). That time was a period of political upheaval, so there is not enough time to investigate and to discuss about the legislation. As a result, Korean government drafted the first Korean labor law referring the Japanese labor laws that had applied to Korea in Japanese colonialism. Therefore, there are a lot of similarities in labor disputes settlement system as well as labor law system between Japan and Korea. For example, in Korean Labor Relations Commission, General Court and Labor Inspection Office are common resolution systems of labor disputes like Japan. On the other hand as time has passed, Korean labor disputes resolution systems have changed slowly and Korean system have the different feature. For instance, Korean Labor Relations Commission had started as labor disputes resolution system in order to adjust labor disputes and judge unfair labor practices. In other words, Labor Relations Commission was only system which settled collective disputes until 1989. When individual labor disputes increased rapidly from 1980’s, Labor Relations Commission became to treat even individual disputes like unfair dismissal by revised Labor Standard Law in 1989. As a result, Korean Labor Relations Commission even came to handle individual disputes like unfair dismissal as well as collective disputes. Furthermore, Labor Relations Commission even deals with a discrimination problem against the irregular workers with legislation of Irregular Worker Protection Law (IWPL) in 2007. On the other hand, there are some structural problems, because Korean Labor Relations Commission was established as the system which settled collective disputes primarily. For example, the character of discrimination disputes that Labor Relations Commission came to handle in recent is different collective disputes. Therefore, if Labor Relations Commission needs know-how and technique in order to settle new type disputes. Therefore, Judicial Reform Committee (JRC) which was made advisory body to promote judicial reform under former administration proposed reform of Labor Relations Commission and introduction of a Labor Court System. By the way, as the opinions of labor and management bodies and Labor Relations Commission were different, the proposal wasn’t carried out. Nevertheless, Korean Labor Relations Commission which settles individual labor disputes like unfair dismissal plays its role sufficiently. Lastly, when talking about reforming Japanese Labor Relations Commission, such a kind of view would be helpful.