공기업의 근로자이사 관련 법제에 대한 검토

Abstract

1. According to the article 2, paragraph 2 of the Public Institutions Operation Act, in cases where there are other matters related to the moving of workers, public enterprise is subject to the Public Institution Operation Act, not the public enterprise-related laws. 2. Part-time workers and fixed-term workers who meet the requirements of the Public Institutions Operation Act and the Enforcement Decree of the same Act may be appointed as worker directors. Dispatched workers will not be able to be appointed as workers’ directors because they are ‘not workers belonging to the relevant institution’. Even an ‘worker on leave of absence’ may be appointed as a worker’s director. However, since they are ‘affiliated with the relevant institution’, a retired worker cannot be appointed as a worker director even if he/she has been in office for more than three years. 3. Since a worker director is a worker engaged in regular work, worker directors in the Public Institutions Management Act should be defined as ‘standing directors’. On the other hand, in the Public Institution Operation Act, if a worker director is to be listed as a non-standing director, it would be necessary to prevent an worker appointed as a worker director from engaging in regular work at the relevant institution. In this case, it would be better to pay more than the worker's wages to the worker directors who are unable to engage in regular work, since they may not receive wages. There is no provision for remuneration standards for non-standing directors of public enterprises in the Public Institutions Management Act. This seems to be because the worker directors are non-standing directors, and these worker directors can receive wages while continuing to provide work. Therefore, it would be good to establish new remuneration standards for non-standing directors in article 33(1) of the Public Institutions Management Act. 4. Although a worker director can satisfy most of the requirements of article 19, paragraph 1 and article 11, paragraph 2 of the Enforcement Decree of the Public Institutions Operation Act, as a worker director is a worker, the worker is considered a ‘neutral’ in article 19 paragraph 1 of the Enforcement Decree of the Public Institutions Operation Act. It will not be able to meet the requirements of ‘people’. Therefore, a worker director should not be a senior non-standing director. 5. Considering the contents and purpose of article 29(2) and (3) of the Public Institutions Management Act, since workers are not included in the ‘non-standing directors’ in the proviso to article 29(3) of the Public Institutions Management Act, a worker director does not become a member. 6. Since a worker director is both a worker and a director, he/she cannot be a ‘worker’s member’ who represents the worker and an ‘employer’s member’ who represents the employer. Since a worker director is both a worker and a director, he/she cannot be a ‘grievance committee’ representing labor and management. Since a worker director is both a worker and a director, he cannot be a ‘worker’s member’ representing workers and an ‘worker’s member’ representing the employer in the economic, social and labor committee. Since a worker director is both a worker and a director, he/she cannot serve as a ‘worker’s member’ representing the worker or ‘employer’s member’ representing the employer in the labor relations committee. 7. A worker director may be ‘a person who acts for the employer with respect to matters pertaining to the workers of the business’, or may be a ‘person who always acts on behalf of the employer’s interests’. If the participation of an employer or a person who always acts on behalf of his or her interests is allowed, it is not considered a labor union. 8. Since all directors, including worker directors, have the authority as directors according to the Act and the Commercial Act, etc., article 47-6 of the Guidelines on the Management of Public Enterprises and Quasi-Government Institutions chapter 5(operation of the board of directors) would be better. The meeting under article 60 paragraph 1 of the Public Institutions Management Act is seen as a meeting to ensure that the board of directors can be operated faithfully. However, since it is difficult to know who the ‘members’ of the meeting are, it would be better to indicate who the ‘members of the meeting’ are. Since all directors including worker directors have duties and responsibilities as directors according to the Act and the Commercial Act, article 47-7 of the Guidelines for Management of Public Enterprises and Quasi-Government Institutions It would be better to put it only in chapter 5(operation of the board of directors) of the guidelines on the management of the company. 9. The head of a public enterprise or quasi-governmental institution shall provide support, such as providing educational opportunities, to the worker director so that he/she can perform his/her duties smoothly, and the worker director shall complete the education(Guidance on the Management of Public Enterprises and Quasi-Government Institutions, article 47-9 paragraph 3). However, when, how(online or offline), and how often the above education is evaluated, it seems that the above guidelines do not exist, so it may be good to stipulate it.