韓國 敎職團體의 交涉活動에 대한 比較 硏究

Abstract

The collective bargaining activity of teaching organizations is the bargaining system for it to have with government on the basis of the Law on Teachers’ Status and the Law on Teachers’ Labor Union. In the Korean educational reality that has the task of educational democratization, the teaching profession organization should take the initiative in straightening Korean education by operating the collective bargaining system efficiently and uniting and reconciling each other. It is expected that the teaching profession organization will play a positive role in improving teachers’ socio-economic status and raising their speciality and authority through fair competition for policy and furthermore improving the quality of education. The purpose of this study was to consider the task and developmental direction of teachers’ organizations through setting the direction for the bargaining activity of Korean teachers‘ organizations to proceed forward. To attain the purpose of this study, the study issues were set as follows: First, to compare the similarity and difference of nature between the Korea Federation of Teacher’s Associations, the Korean Teachers & Educational Workers’ Union and the Korean Teachers’ Association through their platform, ideological characteristics and organizational characteristics. Second, to compare the major project and educational policy of the Korea Federation of Teacher’s Associations, the Korean Teachers & Educational Workers’ Union and the Korean Teachers’ Association. Third, to compare the realistic association and difference through comparison of the contents of bargaining agreement and collective agreement between the Korea Federation of Teacher’s Associations, the Korean Teachers & Educational Workers’ Union and the Korean Teachers‘ Association and the Ministry of Education and Human Resources. Fourth, to investigate the problem with the bargaining activity of the Korean teaching organization based on the analysis of the present situation of the implementation of bargaining agreement and collective agreement contents of the Korea Federation of Teacher’s Associations and teachers’ associations and then to consider the direction for their development. The following findings were obtained: First, an attempt was made to compare the ideological characteristics of the Korea Federation of Teacher’s Associations, the Korean Teachers & Educational Workers’ Union and the Korean Teachers’ Association. As a result, it was found that the purpose of organization in the Korea Federation of Teacher‘s Associations is to pursue the view of teaching profession that is to enhance teachers’ speciality. Both the Korean Teachers & Educational Workers‘ Union and the Korean Teachers’ Association take a position of the labor-job view that is to espouse the basic rights and interests as educational worker. In terms of the educational ideology, the Korea Federation of Teacher’s Associations is pursuing the new educational movement for practical education based on the spirits of equality and freedom that have the same vein as the ideology of humanitarianism. The Korean Teachers & Educational Workers‘ Union is advocating the ideology of true education, education for democracy, nation and humanization by clearly pointing out it as contradictory to existing education. The the Korean Teachers’ Association is adopting the ideology of blue education. Second, the mutual complementary aspects in the major project and educational policy of the Korea Federation of Teacher ‘ s Associations, the Korean Teachers & Educational Workers’ Union included the following matters: normalization of public education; reinforcement of collective bargaining; intensification of membership and organization; prohibition of the retrogressive revision of the Pension Law; inhibition of the opening of educational services; the merit pay system; objection to the local position of teachers; establishment of the legal number of teachers which are the matters related to the improvement of teachers’ socio-economic status such as the improvement of honorable treatment of teachers. The confrontational matters between two organizations for teachers included the followings: appointment, in-service training, qualification of teachers; implementation of the educational autonomous system; introduction of the senior teacher system; objection to the expansion of the model operation of the self-supporting private high school; objection to the abolishment of high school standardization; election of the headmaster appointment system; revision of the Private School Law; inhibition of the implementation of NEIS, which are matters related to the educational policy. Especially, the present situation is that the conflict is seriously developing between government, teachers’ organizations, students’ parents and civil organizations as to the implementation of NEIS in 2003. Third, the similar contents in the bargaining agreement and collective bargaining between both the Korea Federation of Teacher’s Associations and the Korean Teachers & Educational Workers’ Union accounted for 60.5%, which indicates that there is no significant difference in the diversity of bargaining proposals and in the selection of bargaining agendas between teachers’ organizations. And the demands in collective bargaining included the overall educational matters such as working conditions, labor conditions, pay, educational policy and the like. Especially, there also are many matters concerning the educational policy excluded from the range of collective bargaining. And in the process of collective bargaining the attitude of the Korea Federation of Teacher‘s Associations became stronger than before teachers’ associations were legalized. In case of teachers ’ associations had the ever-increasing stronger tendency to exercise the same level of the collective action right as general trade unions. Fourth, the formal data on the rate of implementation of the matters relating to bargaining agreement and collective bargaining for the recent three years were only the data published by the Ministry of Education and Human Resources as to the collective bargaining proposal of the year 2000. Whether the matter of implementation was enforced in 2001 and 2002 was unclear because it was dispatched in the form of the official document to the urban and provincial educational agencies by the Ministry of Education and Human Resources. It was found that there was almost no significant difference in the effect of collective bargaining between the Korea Federation of Teacher ‘s Associations and teachers ’ associations. The matters of bargaining agreement and collective bargaining between teachers’ organizations were virtually applied to all the teachers in national and public schools regardless of membership on the Korea Federation of Teacher‘s Associations or teachers’ associations. In consideration of this point, the enforcement of the overlapping bargaining action between multiple teaching organizations as to the same content of collective bargaining leads to the artificial dualization of the teaching organization, thereby bringing about the different application of the right-exercising method and the legal system. At length, it results in the waste of administrative power and inefficiency, which would not help consider the desirable relationship of development between teachers’ associations. This study attempted to analyze the matters relating to a total of 20 rounds of bargaining and agreement over the period between 1992 and 2002 and the matters agreed on through the process of three rounds of collective bargaining after the legality of teachers’ associations was recognized. And it sought to investigate how much effect teachers’ organizations had on the educational policymaking through the extent to which the agreed-on contents were implemented. But it is necessary to make an overall examination of the plan to unify the desirable collective bargaining through the cooperative solidarity between teachers’ associations, and the matters of bargaining in collective bargaining. And it is necessary to revise related laws. And it is requisite to make the government-level examination to make clear the legal binding power on the enforcement of the agreed-on matters and to reorganize the related institutions. Accordingly, it is necessary to enact the tentatively named ’Law on the Bargaining of Teachers’ Organizations’ that is to integrate the current Teachers’ Labor Union Law and Teachers‘ Status Law that stipulate the part concerning the improvement of teachers’ labor conditions and the part regarding educational policy, respectively. It is a matter of course to preserve the existence of multiple teaching organizations. It is thought that this legislation can prevent the operation of the current contradictory laws, and enables the Korean teaching organizations to develop and the development of our education to be considered.