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쟁점노동법
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쟁점노동법 쉬운노동법 , 전면개정판 7판

  • 김은주 , 강재민
  • |
  • 문형사
  • |
  • 2016-08-17 출간
  • |
  • 766페이지
  • |
  • 규격外
  • |
  • ISBN 9788963995366
★★★★★ 평점(10/10) | 리뷰(1)
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북스크린영상으로 만나보는 한 권의 책 이야기

출판사서평

〈 서 문 〉

1. 이 책의 목적 〈쉬운 노동법〉
쟁점 노동법(2017년판, 제7판, 전면개정판)은
노동법을 쉽게 정리할 수 있도록 하였습니다( ‘쉬운 노동법 ’).

2. 이 책의 내용 〈노동법의 숲과 나무〉

(1) 노동법의 숲 〈쟁점〉
“쟁점”정리에서 중요 쟁점을 적절한 분량 내에서 정리하였습니다.
노동법의 쟁점을 쉽게 정리하여, 숲을 보기 쉽게 하였습니다.

(2) 노동법의 나무 〈심화〉
“심화”학습에서 출제가능성이 높은 판례를 심화정리하였습니다.
판례중심의 출제경향에 맞는 대비가 가능하도록 하였습니다.

3. 이 책의 활용 〈숲보기와 나무키우기〉
(1) STEP BY STEP
1) STEP1 : 일단은 숲보기( “쟁점”정리)를 먼저 하시고,
2) STEP2 : 다음으로 나무키우기( “심화”학습)를 하세요.

(2) 두문자 활용
이 책에 있는 두문자를 적절히 활용하여 학습속도를 높이세요.
두문자 활용 스터디 등은 추후에 별도 공지를 할 예정입니다.

(3) 판례중심 공부
로스쿨노동법과 노동판례백선의 리딩판례를 모두 정리하였습니다.
교수님 선정 리딩판례는 우선적으로, 빠짐 없이 정리하세요.

이 책이 여러분의 합격에 도움이 되기를 바랍니다.
질문은 이메일로 하세요.
어떠한 질문도 좋습니다.

열공! 홧팅!! 必합격!!!

2016. 8. 15.

공인노무사 강재민 .김은주
이 책에 있는 영문, 두문자, 판례 목차 등은 편저자의 창작물입니다.

목차

제1편 노동법 총론

제1장 노동법의 의의
★☆☆ 쟁점 01.노동법의 의의 ···········································································3

제2장 노동법의 법원
★★☆ 쟁점 01. 노동법의 법원(法源) ·································································4
★★☆ 쟁점 02. 노동관행의 법원성 인정 여부 ····················································6
〈심화〉 노동관행 ····················································································7
★★☆ 쟁점 03. 단체협약과 유리원칙 ································································8
〈심화〉 단체협약과 취업규칙 ····································································9
★★☆ 쟁점 04. 사업(장)단위 일반적 구속력과 유리원칙 ······································10
★★★ 쟁점 05. 근로조건의 변경 ······································································11

제 3 장 노동3권
★☆☆ 쟁점 01. 노동3권(근로3권, 단결활동권) ···················································12
★☆☆ 쟁점 02. 노동3권의 법적 성질 ·······························································14
★☆☆ 쟁점 03. 노동3권의 상호관계 ································································15
〈심화〉 노동3권의 법적 성질과 상호관계 ··················································16

제 4 장 근로자와 사용자
★★☆ 쟁점 01.근로자 ·····················································································17
★★★ 쟁점 02. 근로기준법상의 근로자 ·····························································19
〈심화〉 근기법상 근로자 해당 여부 판단기준 ·············································21
〈심화〉 골프장 캐디의 근기법상 근로자성 ·················································22
〈심화〉 회사 임원의 근기법상 근로자성 ····················································23
★★★ 쟁점 03. 근기법상 근로자와 노조법상 근로자 개념의 관계 ························24
★★★ 쟁점 04. 노조법상의 근로자 ··································································25
★★★ 쟁점 05. 노조법 제2조 제4호 라목의 “근로자” ········································26
〈심화〉 노조법상 근로자 해당 여부 판단기준 ············································28
〈심화〉 실업자의 노조법상 근로자성 ························································29
〈심화〉 해고자의 노조법상 근로자성 ························································30
★★★ 쟁점 06. 사용자 ···················································································31
〈심화〉 원고용주의 근로자와 제3자 ··························································33
〈심화〉 사업경영담당자 ···········································································34
★★★ 쟁점 07. 단체교섭의 당사자로서의 사용자 ···············································35
★★★ 쟁점 08. 부당노동행위의 주체로서의 사용자 ············································36
〈심화〉 지배개입 주체로서의 사용자 ·························································38

제 2 편 개별적 근로관계법 (근로계약법)

제 1 장 근로기준법 총설
★★☆ 쟁점 01. 근로기준법 총설 ······································································41
★★★ 쟁점 02. 근로기준법의 적용범위 ·····························································43
〈심화〉 근로기준법의 적용대상 사업 ·························································45
★★☆ 쟁점 03. 평등대우의 원칙(균등대우의 원칙, 차별적 처우의 금지) ···············46
★☆☆ 쟁점 04. 강제근로의 금지 ·····································································48
★☆☆ 쟁점 05. 중간착취의 배제(중간착취의 금지) ············································50
★★☆ 쟁점 06. 공민권 행사의 보장(공민권 행사 등의 보장) ·······························52

제 2 장 근로계약
★★☆ 쟁점 01. 근로계약 ················································································54
〈심화〉 제3자를 위한 근로계약 ································································57
〈심화〉 사이닝보너스 ··············································································58
〈심화〉 경력사칭과 징계해고 ···································································59
★★☆ 쟁점 02. 근로계약 당사자의 권리.의무 ····················································61
〈심화〉 보호의무와 손해배상 ···································································64
〈심화〉 보호의무와 손해배상(2) ·······························································65
〈심화〉 사용자의 부당해고.부당복직거부와 불법행위 ···································66
★★★ 쟁점 03. 비밀유지의무 ··········································································67
★★★ 쟁점 04. 경업금지의무(경업피지의무) ······················································69
★★★ 쟁점 05. 근로조건의 명시(근로조건의 명시의무) ·······································71
★★★ 쟁점 06. 포괄임금제(포괄임금산정제도) ···················································73
〈심화〉 포괄임금제 계약의 효력 ·······························································75
★★★ 쟁점 07. 위약금 예정의 금지(위약예정의 금지) ········································76
〈심화〉 일정기간근무 위반시 일정금원지급 약정 ········································78
★★☆ 쟁점 08.전차금 상계의 금지 ··································································79
★★☆ 쟁점 09. 채용내정 ················································································81
★★★ 쟁점 10.시 용(試用) ··············································································83
〈심화〉 시용과 해고서면통지 ····································································85

제 3 장 취업규칙
★★☆ 쟁점 01. 취업규칙 ················································································86
〈심화〉 취업규칙의 불이익변경과 개인적(개별적) 동의 ·······························89
〈심화〉 취업규칙의 주지와 효력 ·······························································90
★★☆ 쟁점 02. 취업규칙의 변경 ······································································91
★★★ 쟁점 03. 취업규칙의 불이익변경 ·····························································92
〈심화〉 취업규칙의 불이익변경시 동의 주체가 되는 근로자의 범위 ··············95
〈심화〉 근로자의 과반수로 조직된 노동조합 ··············································96
★★★ 쟁점 04. 동의를 받지 못한 취업규칙의 불이익변경(일방적 불이익변경의 효과)·97
〈심화〉 취업규칙의 불이익변경과 사회통념상 합리성 ···································100
〈심화〉 취업규칙의 불이익변경과 신규입사자 ·············································101
〈심화〉 변경된 퇴직금 지급률에 따르기로 하는 단체협약 ·····························102

제4장 임 금
제1절 임금의 의의
★★★ 쟁점 01. 임금의 의의(임금의 정의) ·························································103
〈심화〉 사납금 초과 수입금 ·····································································105
〈심화〉 가족수당 ····················································································106
★★★ 쟁점 02. 상여금과 임금.통상임금 ····························································107
★★☆ 쟁점 03. 평균임금과 통상임금 ································································108
★★★ 쟁점 04. 평균임금 ·················································································109
〈심화〉 수습기간과 평균임금 ····································································112
〈심화〉 쟁의행위기간과 평균임금 ······························································113
〈심화〉 평균임금의 산정 ··········································································114
〈심화〉 복수 임금 항목과 평균임금 ···························································115
〈심화〉 평균임금 산정의 기초가 되는 임금 ·················································116
〈심화〉 근로제공 시기와 임금지급 시기 ·····················································117
★★★ 쟁점 05. 평균임금 제외 합의 ··································································118
★★★ 쟁점 06. 통상임금 ·················································································119
〈심화〉 임금.통상임금의 개념 ···································································122
〈심화〉 통상임금 판단기준 ·······································································123
〈심화〉 임금유형별 통상임금 판단기준 ······················································125
★★★ 쟁점 07. 통상임금 제외 합의 ·································································127
〈심화〉 정기상여금의 통상임금제외합의, 추가수당청구와 신의칙 ··················129
〈심화〉 통상임금제외합의와 임의수당 ·······················································130

제2절 임금수준의 보호
★☆☆ 쟁점 08. 임금 수준의 보호 ·····································································131
★★★ 쟁점 09. 휴업수당 ·················································································133
〈심화〉 해고와 임금.중간수입 ···································································135
〈심화〉 대기발령과 휴업수당 ····································································136

제3절 임금의 지급방법
★★★ 쟁점 10. 임금의 지급방법(임금 지급의 방법, 임금지급방법의 보호) ·············137
〈심화〉 채권양도와 임금통화지급의 원칙 ···················································140
〈심화〉 임금채권의 양도와 임금직접지급 ···················································141
★★★ 쟁점 11. 임금 전액지급의 원칙 ······························································142
〈심화〉 과불임금 상계 ············································································144

제4절 퇴직급여제도
★★☆ 쟁점 12. 퇴직급여제도 ··········································································145
〈심화〉 퇴직금의 법적 성질과 퇴직금감액규정 ···········································149
〈심화〉 퇴직연금채권의 압류 ···································································150
〈심화〉 명예퇴직 ····················································································151
★★★ 쟁점 13. 퇴직금 분할 약정 ····································································152
〈심화〉 퇴직금 분할 약정의 효력과 부당이득 ·············································154
〈심화〉 퇴직금 분할 약정의 효력과 상계 ···················································155
★★☆ 쟁점 14. 퇴직금중간정산제 ····································································156
〈심화〉 중간정산퇴직금 ···········································································158
〈심화〉 퇴직금 누진제와 퇴직금중간정산 ···················································159

제5절 임금채권의 보호
★★☆ 쟁점 15. 임금채권의 보호 ······································································160
〈심화〉 근로자의 임금채권과 근로복지공단의 대위 ······································163
★★★ 쟁점 16. 임금채권의 우선변제 ································································164
〈심화〉 사용자의 양도와 임금채권의 우선변제권 ·········································167
〈심화〉 저당채권과 임금채권의 우선변제권 ················································168
〈심화〉 근저당권자인 임금채권자 ······························································169
★★☆ 쟁점 17. 사업.공사의 도급과 임금 지급의 특례 ·········································170
〈심화〉 건설업에서의 임금 지급 연대책임 ···················································173
★☆☆ 쟁점 18. 임금체불에 대한 제재와 구제 ·····················································174

제6절 연봉제
★★☆ 쟁점 19. 연봉제 ····················································································176

제 5 장 근로시간과 휴식
★★★ 쟁점 01. 근로시간과 휴식 ······································································178
〈심화〉 근로시간과 휴게시간 ····································································180
★☆☆ 쟁점 02. 탄력적 근로시간제 ···································································181
★☆☆ 쟁점 03. 선택적 근로시간제 ···································································182
★★★ 쟁점 04. 연장근로(시간외 근로) ······························································183
★★★ 쟁점 05. 통상연장근로(합의연장근로) ······················································184
★★★ 쟁점 06. 특별연장근로(응급연장근로, 인가연장근로) ··································186
★★★ 쟁점 07. 특례사업연장근로(근로시간 및 휴게시간의 특례) ··························188
★★★ 쟁점 08. 가산임금 ·················································································190
★☆☆ 쟁점 09. 보상휴가제(대체휴가제도) ·························································192
★★★ 쟁점 10.주휴일 ·····················································································193
〈심화〉 파업과 유급휴일.유급휴가 ·····························································196
〈심화〉 태업과 유급휴일 ··········································································197
〈심화〉 휴일대체 ····················································································198
★★★ 쟁점 11. 연차유급휴가(유급연차휴가) ······················································199
〈심화〉 정직 기간과 연차유급휴가 ····························································203
〈심화〉 부당해고 기간과 연차유급휴가 ······················································204
〈심화〉 정당한 쟁의행위 기간과 연차유급휴가 ············································205
★★☆ 쟁점 12. 근로시간제도의 적용제외(근로시간 규정의 적용제외) ····················206
★☆☆ 쟁점 13. 근로자대표와의 서면합의 ···························································208

제6장 인사와 징계
★★★ 쟁점 01.전 직(轉職) ··············································································210
〈심화〉 전직처분의 정당성 ·······································································212
〈심화〉 전직권 남용 ················································································213
★★☆ 쟁점 02.전 출(轉出) ··············································································214
★★★ 쟁점 03.전 적(轉籍) ··············································································216
〈심화〉 기업그룹 내 계열기업 사이의 전적 ················································218
★★★ 쟁점 04.휴 직(休職) ··············································································219
〈심화〉 휴직명령의 정당한 이유 ·······························································221
★★★ 쟁점 05. 직위해제(대기발령) ··································································222
〈심화〉 직위해제 후 징계 ········································································224
〈심화〉 대기발령의 기간 ··········································································225
〈심화〉 대기발령에 이은 당연퇴직의 정당성 ···············································226
★★★ 쟁점 06.징 계 ·······················································································227
〈심화〉 성희롱과 징계해고 ·······································································234
〈심화〉 취업규칙의 변경과 징계 ································································235
〈심화〉 징계시기의 제한(징계시기의 정당성) ··············································236
〈심화〉 징계시효 ····················································································237
〈심화〉 징계의 취소 등 ···········································································238
★★★ 쟁점 07. 징계위원회 ··············································································239

제 7 장 근로관계의 종료
★★★ 쟁점 01. 근로관계의 종료 ······································································241
〈심화〉 해 고 ·························································································243
〈심화〉 조건부 해고 ················································································244
★★★ 쟁점 02. 정당한 이유 없는 해고의 금지(해고의 “정당한 이유”의 의의) ········245
〈심화〉 업무능력의 부족 ··········································································247
★★★ 쟁점 03. 경영상 이유에 의한 해고(경영해고, 정리해고)의 제한 ···················248
〈심화〉 경영해고(정리해고)의 요건 ····························································251
★★★ 쟁점 04. 경영해고(정리해고)에서 “긴박한 경영상의 필요” ··························252
★★★ 쟁점 05. 경영해고(정리해고)에서 “근로자대표”와의 “협의” ························254
〈심화〉 근로자대표 ·················································································257
★★★ 쟁점 06. 해고 시기의 제한 ····································································258
〈심화〉 해고 제한 휴업기간 ·····································································260
〈심화〉 해고제한기간 중 행한 해고의 효력 ················································261
★★★ 쟁점 07. 해고의 예고(해고예고) ······························································262
〈심화〉 해고예고의무를 위반한 해고의 효력 ···············································264
★★★ 쟁점 08. 해고의 서면 통지(해고사유 등의 서면통지) ·································265
〈심화〉 해고사유 등의 서면통지 ·······························································267
〈심화〉 이메일(e-mail)에 의한 해고통지 ···················································269
★★☆ 쟁점 09. 사직 및 합의해지 ····································································270
★★★ 쟁점 10. 정년제 ···················································································272
★★★ 쟁점 11. 근로계약 기간의 만료 ······························································275
〈심화〉 기간만료 갱신거절과 해고 ····························································278

제 8 장 부당해고등의 구제
★★★ 쟁점 01. 부당해고등의 구제 ···································································279
〈심화〉 구제신청과 해고무효확인의 소 ······················································285
〈심화〉 노동분쟁과 실효의 원칙 ·······························································286
〈심화〉 해고와 임금 ················································································287
〈심화〉 해고된 근로자의 쟁의행위 참가 기간 중 임금 ·································288
★★★ 쟁점 02. 구제절차 중 근로계약관계 종료시 구제이익 ································289
★★☆ 쟁점 03. 부당해고의 입증책임 ································································291
★★☆ 쟁점 04. 금전보상제(부당해고와 금전보상, 금전보상 명령) ·························293
★★☆ 쟁점 05. 근로기준법 제33조의 이행강제금 ···············································295

제 9 장 기업변동과 근로관계
★★★ 쟁점 01. 회사합병.사업양도(영업양도)와 근로관계 ·····································297
〈심화〉 회사합병과 단체협약 ···································································303
★☆☆ 쟁점 02. 영업양도시 신.구 사업주의 책임범위 ··········································304
★★★ 쟁점 03. 회사분할과 근로관계 ································································305

제 10 장 비정규근로자
★★☆ 쟁점 01. 비정규근로자 ···········································································306
★★★ 쟁점 02. 기간제근로자(계약직 근로자) ·····················································308
★★☆ 쟁점 03. 단시간근로자 ···········································································314
★★★ 쟁점 04. 초단시간 근로자 ······································································318
★★★ 쟁점 05. 파견근로자 ·············································································319
〈심화〉 근로자공급 ·················································································326
〈심화〉 근로자파견과 도급 ·······································································327
〈심화〉 근로자파견 ·················································································328
〈심화〉 근로자파견과 직접고용 ································································329
〈심화〉 사용사업주의 파견근로자에 대한 안전배려의무 ·······························330
★★★ 쟁점 06. 파견근로자 노동조합의 단체교섭 요구에 대한 응낙의무 ···············331
★★★ 쟁점 07. 하청업체 근로자(도급근로자) ····················································333
〈심화〉 도급계약과 근로계약관계 ·····························································337

제 11 장 재해보상
★★☆ 쟁점 01. 재해보상··················································································338
〈심화〉 외국인 근로자와 산업재해 ····························································343
〈심화〉 장해급여청구권 시효소멸과 장해보상연금청구 ·································344
★★☆ 쟁점 02.업무상 재해 ·············································································345
〈심화〉 업무상 과로.스트레스와 업무상 재해 ·············································351
〈심화〉 출.퇴근 중에 발생한 재해와 업무상 재해 ·······································352
〈심화〉 노조전임자와 노조간부의 업무상 재해 ···········································353
★★☆ 쟁점 03. 근기법상의 재해보상과 다른 법률에 의한 보상.배상의 관계 ··········354
〈심화〉 유족급여와 손해배상 ····································································357
〈심화〉 공단의 제3자에 대한 구상권 -동료 근로자 ·····································358
〈심화〉 공단의 제3자에 대한 구상권 -하수급인 ··········································359
〈심화〉 공단의 제3자에 대한 구상권 -자동차보험자 ···································360
〈심화〉 자동차보험자의 공단에 대한 구상 ··················································361
〈심화〉 공단의 구상권 -보험가입자와 제3자의 공동불법행위 ·······················362

제 3 편 집단적 노사관계법 (노동단체법)

제 1 장 노동조합
제1절 노동조합 총설
★☆☆ 쟁점 01. 노동조합 총설 ·········································································365
〈심화〉 기업별 노동조합과 초기업적 노동조합 ············································367

제2절 노동조합의 보호요건
★★★ 쟁점 02. 노동조합의 보호요건 ·······························································368
〈심화〉 외국인 근로자와 노동조합 ····························································372
〈심화〉 노동조합의 하부단체(산하조직) ·····················································373
〈심화〉 사용자.이익대표자 ·······································································374
★☆☆ 쟁점 03. 쟁의단의 법적 지위 ·································································375
★★★ 쟁점 04. 노조법 제2조 제4호 라목 ·························································376
★★★ 쟁점 05. 노조법 제2조 제4호 라목 단서의 적용범위 ··································378
★★☆ 쟁점 06. 복수노조 ··················································································379
★★★ 쟁점 07. 노동조합의 형식적(절차적) 요건 ·················································381
★★★ 쟁점 08. 노동조합 설립신고에 대한 행정관청의 심사정도(심사방법) ·············385
〈심화〉 노동조합의 소극적 요건에 대한 행정관청의 심사정도 ·······················387
★★★ 쟁점 09. 법외조합(법외노조)의 법적 지위 ················································388

제3절 조합원의 지위
★★☆ 쟁점 10. 조합원의 지위 ·········································································392
〈심화〉 단체협약에 의한 조합원자격 제한 ··················································398
〈심화〉 노동조합 가입 거부 ·····································································399
★★★ 쟁점 11. 조직강제 ·················································································400
〈심화〉 소극적 단결권 ·············································································403
〈심화〉 유니온 숍과 해고의무 ··································································404

제4절 노동조합의 운영
★☆☆ 쟁점 12. 노동조합의 운영 ······································································405
★★★ 쟁점 13. 노동조합의 규약 ······································································408
〈심화〉 노동조합 총회의 규약개정권한 ······················································411
★★★ 쟁점 14. 노동조합의 기관 ······································································412
〈심화〉 노동조합 총회의 소집 ··································································416
★★☆ 쟁점 15. 노동조합의 재정 ······································································417
★★☆ 쟁점 16. 노동조합의 통제 ······································································420
〈심화〉 노동조합의 선거운동과 통제 ·························································423

제5절 조합활동의 보장
★★☆ 쟁점 17. 조합활동의 보장 ······································································424
★★★ 쟁점 18. 조합활동의 정당성 ···································································426
〈심화〉 조합활동의 주체 ··········································································429
★★★ 쟁점 19. 조합활동의 수단(태양)의 정당성 ················································430
〈심화〉 취업시간 중 조합활동 ··································································434
〈심화〉 조합원의 취업시간 중 조합활동 ····················································435
★★★ 쟁점 20. 노조전임자(노조전임자제도, 노조전임제도) ·································436
〈심화〉 노조전임과 업무상 재해 ·······························································441
★★☆ 쟁점 21. 노조전임자 급여 ······································································443
★★☆ 쟁점 22. (유급)근로시간면제제도 ····························································445
★★★ 쟁점 23. 조합비공제 조항(조합비공제제도) ···············································447

제6절 노동조합의 변동
★★☆ 쟁점 24. 노동조합의 변동(노동조합의 합병.분할.해산.조직형태변경) ············449
★★☆ 쟁점 25. 노동조합의 해산 ······································································451
★★★ 쟁점 26. 노동조합의 조직형태변경(조직변경) ············································453
〈심화〉 조직형태변경의 주체 ····································································456
★★★ 쟁점 27. 연합단체 가입.탈퇴의 의결정족수 ···············································457

제 2 장 단체교섭
★☆☆ 쟁점 01. 단체교섭 ·················································································459
★☆☆ 쟁점 02. 단체교섭의 방식(형태) ······························································460
★★★ 쟁점 03. 단체교섭의 당사자와 담당자 ······················································461
〈심화〉 단체교섭의 당사자인 사용자 ··························································465
〈심화〉 단체교섭권의 위임 ·······································································466
★★★ 쟁점 04. 노동조합 하부단체의 단체교섭권 ················································467
★★☆ 쟁점 05. 교섭대표노동조합(복수노조와 교섭창구 단일화) ···························468
〈심화〉 교섭대표 자율결정기간 ·································································472
★☆☆ 쟁점 06. 제3자위임금지조항 ···································································473
★★★ 쟁점 07. 노동조합 대표자의 협약체결권과 인준투표제 ·······························474
〈심화〉 대표자의 단체협약 체결권한 행사의 절차적 제한 ·····························479
★★★ 쟁점 08. 단체교섭의 대상(교섭사항, 교섭대상, 교섭대상사항) ······················480
★★★ 쟁점 09. 경영사항과 단체교섭 ·································································484
〈심화〉 경영권과 노동3권의 충돌 ······························································487
★★★ 쟁점 10. 경영사항과 쟁의행위 ································································488
★☆☆ 쟁점 11. 권리분쟁사항 ···········································································490
★☆☆ 쟁점 12. 단체교섭의 대상과 노동쟁의의 대상 상호의 관계 ·························493
★★★ 쟁점 13. 단체교섭의 방법과 절차 ···························································495
★★☆ 쟁점 14. 단체교섭거부의 구제(단체교섭의무위반에 대한 구제수단) ··············500

제 3 장 단체협약
★☆☆ 쟁점 01. 단체협약 ·················································································503
★★★ 쟁점 02. 단체협약의 성립요건 ································································506
〈심화〉 공공기관의 단체협약 ····································································508
★★★ 쟁점 03. 단체협약의 효력 ······································································509
★★★ 쟁점 04. 근로자의 권리를 처분하는 단체협약 ···········································514
★★★ 쟁점 05. 퇴직금결정기준을 소급동의하는 단체협약 ···································515
★★★ 쟁점 06. 단체협약의 불이익변경 ·····························································517
〈심화〉 단체협약 불이익변경의 한계 ·························································519
〈심화〉 단체협약 이익변경 ·······································································520
★★☆ 쟁점 07. 평화의무 ·················································································521
★★★ 쟁점 08. 평화의무를 위반한 쟁의행위의 정당성 ········································524
★★★ 쟁점 09. 단체협약의 내용 ······································································525
★★★ 쟁점 10. 인사조항 ·················································································531
〈심화〉 합의권 남용 ················································································536
★★☆ 쟁점 11. 단체협약의 효력확장(단체협약의 일반적 구속력) ··························538
★★★ 쟁점 12. 사업(장)단위 일반적 구속력 ······················································539
〈심화〉 노조법 제35조의 “동종의 근로자” ·················································542
★☆☆ 쟁점 13. 지역단위 일반적 구속력 ···························································543
★★★ 쟁점 14. 단체협약의 실효(단체협약의 종료) ·············································546
〈심화〉 자동연장조항과 단체협약의 유효기간 ·············································551
〈심화〉 자동연장조항과 단체협약의 해지권 ················································552
★★☆ 쟁점 15. 단체협약실효 후 개별적 합의에 의한 근로조건의 변경 ·················553

제 4 장 쟁의행위
제1절 단체행동권보장의 규범적 의의
★☆☆ 쟁점 01. 단체행동권보장의 규범적 의의 ··················································555

제2절 쟁의행위의 의의
★☆☆ 쟁점 02. 쟁의행위의 의의 ······································································557
★★★ 쟁점 03. 준법투쟁(준법투쟁과 쟁의행위) ··················································559
〈심화〉 준법투쟁 -안전투쟁 ·····································································562
〈심화〉 준법투쟁 -권리행사투쟁 ·······························································563

제3절 쟁의행위의 정당성
★★☆ 쟁점 04. 쟁의행위의 정당성 ···································································564
★★★ 쟁점 05. 쟁의행위의 주체와 정당성 ·························································565
〈심화〉 특수경비원의 쟁의행위 금지 ·························································568
★★★ 쟁점 06. 쟁의행위의 목적과 정당성 ························································569
〈심화〉 동정파업(지원파업, 연대파업) ························································572
〈심화〉 복수목적과 쟁의행위의 정당성 ·······················································574
★★★ 쟁점 07. 교섭대상과정당한쟁의목적의관계(쟁의행위의목적과단체교섭의대상) ·576
★★☆ 쟁점 08. 정치파업의 정당성·····································································578
★★★ 쟁점 09. 쟁의행위의 시기.절차와 정당성 ··················································580
〈심화〉 쟁의행위의 절차 ··········································································582
〈심화〉 조정전치.찬반투표와 신고 ·····························································585
★★★ 쟁점 10. 쟁의행위의 수단.태양(쟁의행위의 방법)과 정당성 ·························586
〈심화〉 피케팅 ·······················································································590

제4절 쟁의행위의 제한.금지법규
★★☆ 쟁점 11. 쟁의행위의 제한.금지법규 ·························································591
〈심화〉 안전보호시설 운영방해죄 ······························································596
★★★ 쟁점 12. 쟁의행위 찬반투표 ···································································597
〈심화〉 찬반투표 절차를 위반한 쟁의행위의 정당성 ····································601
★★☆ 쟁점 13. 필수유지업무 정지 등의 금지 ····················································602

제5절 쟁의행위와 책임
★★☆ 쟁점 14. 쟁의행위와 책임········································································606
★★☆ 쟁점 15. 위법한 쟁의행위와 책임 ····························································611
★★★ 쟁점 16. 위법한 쟁의행위와 손해배상책임 ················································614
★★★ 쟁점 17. 파업과 업무방해죄의 “위력” ······················································616

제6절 사용자의 쟁의대항수단
★★☆ 쟁점 18. 사용자의 쟁의대항수단 ·····························································618
★★★ 쟁점 19. 직장폐쇄 ·················································································619
★★★ 쟁점 20. 직장폐쇄의 정당성의 요건(정당성의 한계) ···································624
〈심화〉 파업종료 후의 직장폐쇄 ·······························································629
★★★ 쟁점 21. 대체근로의 제한(사용자의 채용제한) ··········································630
〈심화〉 채용과 노조법 제43조 ··································································633

제7절 쟁의행위와 근로관계
★★☆ 쟁점 22. 쟁의행위와 근로관계 ································································634
★★★ 쟁점 23. 쟁의행위와 임금 ······································································636
★★☆ 쟁점 24. 쟁의행위 불참가자만으로 조업불가능한 경우 근로희망자의 임금·····642

제 5 장 부당노동행위
★★☆ 쟁점 01. 부당노동행위 ············································································644
★★★ 쟁점 02. 불이익취급의 부당노동행위 ························································646
〈심화〉 사용자의 불이익처분 ·····································································651
★★★ 쟁점 03. 처분이유의 경합(인과관계의 경합, 불이익취급원인의 경합) ·········· 655
★★☆ 쟁점 04. 반조합계약(비열계약, 황견계약) ··············································· 657
★★★ 쟁점 05. 단체교섭의 거부(단체교섭거부) ················································ 659
★★★ 쟁점 06. 지배개입(지배.개입)등 ······························································666
〈심화〉 노조전임자급여지원.운영비원조와 부당노동행위 ······························674
〈심화〉 노조전임자급여지원.운영비원조의 부당노동행위의사 ························675
★★★ 쟁점 07. 사용자의 언론의 자유와 지배개입의 부당노동행위 ·······················676
〈심화〉 사용자의 의견표명행위와 지배개입의 부당노동행위 ·························679
★★★ 쟁점 08. 부당노동행위의 구제와 벌칙(형사제재) ······································680
〈심화〉 위장폐업에 의한 부당해고 ···························································696
★★☆ 쟁점 09. 이행명령(긴급이행명령, 긴급명령) ·············································697

제 6 장 노동쟁의의 조정(調整)
★★☆ 쟁점 01. 노동쟁의의 조정(調整) ······························································699
〈심화〉 중재재정에 대한 불복 ··································································706
★★☆ 쟁점 02. 긴급조정(緊急調整) ··································································707

제 4 편 노동위원회

★☆☆ 쟁점 01. 노동위원회 ··············································································711
〈심화〉 노동위원회의 관할과 사건이송 ······················································716
★☆☆ 쟁점 02. 노동위원회의 회의별 처리사항 ··················································717
★☆☆ 쟁점 03. 중앙노동위원회의 고유권한 ·······················································720

제5편 노동법의 그 밖의 부문

제1장 공무원.교원의 노동3권
★☆☆ 쟁점 01. 공무원의 집단적 노사관계 ························································723
〈심화〉 해임공무원의 공무원노조법상 근로자성 ·········································729
★☆☆ 쟁점 02. 교원의 집단적 노사관계 ···························································730
〈심화〉 해직교원의 교원노조법상 근로자성 ···············································736

제 2 장 노사협의제도
★☆☆ 쟁점 01. 노사협의제도 ···········································································737
★☆☆ 쟁점 02. 노사협의와 단체교섭의 이동(異同) ·············································744

제 3 장 안전보건
★☆☆ 쟁점 01. 안전보건 ·················································································747
★☆☆ 쟁점 02. 안전.보건관리체제 ····································································753

제4장 연소자와 여성
★☆☆ 쟁점 01. 출산전후휴가(유산.사산휴가 포함) 및 그 급여 ·····························754
★☆☆ 쟁점 02. 육아휴직 급여 및 육아기 근로시간 단축 급여 ····························758

제 5 장 고용증진제도
★☆☆ 쟁점 01. 고용보험사업 ············································································760
★☆☆ 쟁점 02. 실업급여의 종류·········································································761
★☆☆ 쟁점 03. 구직급여 ··················································································763

〈색인〉
1. 사항색인 -사항(영문) 색인 ··············································································769
2. 판례색인 -리딩판례 색인 ················································································786
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