북한 기업의 노동력관리운용제도 - 기업소법의 경영권상 노력조절권을 중심으로

Abstract

In this paper, the nature of the 'substantial management right' stipulated in the corporate law and the content of the 'workforce adjustment right' derived therefrom were identified and considered in connection with the actual status of effort management and operation. The characteristic that emerged in the Kim Jong-un era is that the legal system has been reorganized while accepting to some extent the market economy management activities of companies that are illegal or mixed with informality. From this, ‘substantial management right’ has a direction for continuous improvement of corporate management. However, there is also an orientation for the solidification of the socialist enterprise management system. Accordingly, there is an incomplete limit in which the scope of the exercise of management rights can be arbitrarily reduced at any time. If you look at the actual status of the ‘workforce adjustment right’, it can be confirmed that, although limited, autonomy in ‘labor management and operation’ is granted. Of course, it was a belated legalization of a part of the informal ‘labor management and operation’ method that was not the will of the authorities. This is the process of labor marketization of state-owned enterprises, and is evaluated as a characteristic that exists only in North Korea. From the perspective of ‘freedom of job choice’, legal system and structural problems are fundamental limitations due to the nature of the system. The guarantee of 'freedom to choose a profession' is because it makes such control difficult.