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

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 19호 / 39 ~ 71페이지
· 저자명 : 박태주

초록

In September 9th, 2016, the Seoul Metropolitan City Council passed “The Municipal Ordinance for the Operation of Board-level Employee Representatives 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.

영어초록

In September 9th, 2016, the Seoul Metropolitan City Council passed “The Municipal Ordinance for the Operation of Board-level Employee Representatives 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.

참고자료

· 없음