The law on labour union and labour relations adjustment ("hereafter labour union law"), effective now, stipulates the types of labour union, which holds the position as a bargaining party, such as ① bargaining representative labour union decided on article 29-2 of labour union law, ② 'agenda bargaining representative labour union' on article4, subsidiary regulation of labour union law, and ③ 'respective bargaining labour union by user's agreement' on clue of item1, article of 29-2 of law union law. The current labour union law effective now stipulates the maintenance period of the position as a bargaining party mentioned at ①, but it doesn't stipulate anything concerning the maintenance positions as a bargaining party mentioned at ② and ③. So, some conflicts occur because of the period subjects in the present. This paper explores the theory of analysis by which the legal conflict can be settled softly concerning the maintenance period of the positions as a bargaining party which belong to the labour unions mentioned at ② and ③ , centering on real cases.
Through this paper, this author developed the analysis theory that the positions as a bargaining party mentioned at ② and ③ dissipate by union agreement conclusion concerning bargaining object (or bargaining period) whose positions are recognized, that the object is not overlapped, and that the positions as a union bargaining party mentioned at ①, ②, and ③ coexist without collision.
That is, the positions as a bargaining party mentioned at article4 of subsidiary regulation, labour law and the position as a bargaining party mentioned at clue of item1, article 29-2, labour union law, are maintained till the related union agreement is concluded regardless of the commencement of bargaining counter unification procedure.But, the regulation on bargaining counter unification procedure is compulsory. So, the position as a bargaining party concerning labour condition after the procedure belongs to bargaining representative union. Therefore, the bargaining objects (or bargaining period) of which positions as a bargaining party belong to agenda bargaining representative labour union and respective bargaining labour union are limited to the time before bargaining representative labour union on article 29-2 of labour union law effective now is concluded.