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How is it possible to introduce the board-level employee representation in Korea? - Centering around the public enterprises in Seoul Metropoltitan City
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한국에서' 근로자이사제'의 도입은 어떻게 가능한가 - 서울시 투자 · 출연기관의 시도를 중심으로

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Type
Academic journal
Author
Park, Tae-ju (고려대학교)
Journal
Society of Labor Low Theory and Profession Labor Law Forum No.19 KCI Accredited Journals
Published
2016.11
Pages
39 - 71 (33page)

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How is it possible to introduce the board-level employee representation in Korea? - Centering around the public enterprises in Seoul Metropoltitan City
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In September 9<SUP>th</SUP>, 2016, the Seoul Metropolitan City Council passed “The Municipal Ordinance for the Operation of Board-level Employee Representative in the Public Enterprises of Seoul City”. Therefore for the first time nationwide, the legal basis for the introduction of labor directors was established. According to the ordinance, Seoul public enterprises with more than 100 employees should elect 1~2 non-executive board-level employee representatives.
The introduction of board-level employee representation in Seoul constitutes the main contents of economic democratization by allowing participation from the bottom. Industrial peace as well as the enhancement of efficiency can be expected from the system.
However, the trial of Seoul Metropolitan City to adopt the board-level employee representation system shows its limits in the respect that the system lacks the legal basis in terms of nationwide law. The fact that elected labor directors must quit the trade union or the fact that elected candidates from employees can sometimes not be elected as board-level representatives are also examples of the system’s decisive limitations. In addition, the management participation can be overlapped works of trade unions, in particular collective bargaining at enterprise level. Lastly it is also a limit that the discussion about works council was insufficient, which is a main axis of co-determination system as well as the board-level director system.
Whether the introduction of labor-director system in Seoul becomes a success will be the touchstone which determines the improvement of management participation of employees, and furthermore the codetermination system in Korea.
#경영참가 #공동결정제도 #근로자이사제(노동이사제) #경제민주주의 #서울시 공공기관 #경영협의회 #공공기관 지배구조 #management participation #codetermination system #board-level employee representation #labor-director system #industrial democracy #economic democratization #public enterprises in Seoul #works council #corporate governance structure #stake-holders

Contents

Ⅰ. 문제의 제기
Ⅱ. 왜 참여형 노사관계인가
Ⅲ. 근로자이사제의 추진경과와 장애요인들
Ⅳ. 근로자이사제의 설계를 둘러싼 쟁점들
Ⅴ. 서울시 근로자이사제 도입의 한계와 과제
Ⅵ. 맺음말
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Related precedents (1)

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  • 대법원 2002. 2. 26. 선고 99도5380 판결

    [1] 정리해고나 사업조직의 통폐합 등 기업의 구조조정의 실시 여부는 경영주체에 의한 고도의 경영상 결단에 속하는 사항으로서 이는 원칙적으로 단체교섭의 대상이 될 수 없고, 그것이 긴박한 경영상의 필요나 합리적인 이유 없이 불순한 의도로 추진되는 등의 특별한 사정이 없는 한, 노동조합이 실질적으로 그 실시 자체를 반대하기 위하여 쟁의행위

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