본문 바로가기
KERD
논문KCI 등재

헌법 상 민주주의원리와 노동법 상 사업장 민주주의

National Democracy and Workplacedemocracy

0

조회

0

다운로드

8

인용

0

참고문헌

키워드

초록

Constitutional principles of democracy, which means it is not only the state of democracy. Principles of constitutional democracy means every organization's operating principles. Labor relations of the labor contract can not be evaluated only integrated features. In other words, each user and the number of workers by signing a labor contract, labor contract relationship, not only the contractual relationship such, labor contract relationship of many, constitutes the "business" as an organization of one eventually. As to form a single entity, the individual status as fellow workers have given to each other. Both employers and employees, and their businesses organically, as a member of the partnership is to continue the business. After all look at in terms of the labor contract workers, as creditors or debtors 'contracts' award party, while at the same time position as a kind of business 'members'. Company named one of the 'business' of the user and the organization is composed of a large number of workers. The operating principle of the organization that is to be democratic, yet all agree, many of the principles of democracy in the workplace is that we did not receive attention in the conventional system has been labor. Meanwhile, labor system focused on the contractual relationships. In other words, between the user and the individual employee working the "Agreement" or in a relationship between the user and the trade union organizations' Convention on the legal protection of labor relations has been the system works. This issue is resolved in today's labor-management relations in the workplace through the principles of democracy. In addition, the transparency of modern industrial society, the business community and labor as between the fate of consciousness is required.

Abstract

Constitutional principles of democracy, which means it is not only the state of democracy. Principles of constitutional democracy means every organization's operating principles. Labor relations of the labor contract can not be evaluated only integrated features. In other words, each user and the number of workers by signing a labor contract, labor contract relationship, not only the contractual relationship such, labor contract relationship of many, constitutes the "business" as an organization of one eventually. As to form a single entity, the individual status as fellow workers have given to each other. Both employers and employees, and their businesses organically, as a member of the partnership is to continue the business. After all look at in terms of the labor contract workers, as creditors or debtors 'contracts' award party, while at the same time position as a kind of business 'members'. Company named one of the 'business' of the user and the organization is composed of a large number of workers. The operating principle of the organization that is to be democratic, yet all agree, many of the principles of democracy in the workplace is that we did not receive attention in the conventional system has been labor. Meanwhile, labor system focused on the contractual relationships. In other words, between the user and the individual employee working the "Agreement" or in a relationship between the user and the trade union organizations' Convention on the legal protection of labor relations has been the system works. This issue is resolved in today's labor-management relations in the workplace through the principles of democracy. In addition, the transparency of modern industrial society, the business community and labor as between the fate of consciousness is required.

참고문헌 (11)

  1. 권혁, "독일 노동법 상 근로자대표제도 ― 독일 경영조직법 상 종업원평의회제도의 이념적 배경과 기능을 중심으로 ―", 노동법논총, 22, pp.37~65 (2011), 한국비교노동법학회
  2. 김승대, "헌법학강론" (2013), 법문사
  3. 김형배, "노동법" (2013), 박영사
  4. 박종희, "취업규칙 본질에 관한 논쟁의 소재와 앞으로의 논의방향성", 노동법학, (12) (2001)
  5. 이정, "노조전임자에 대한 급여지급관행과 법적 문제점 ― 일본의 사례를 중심으로 ―", 노동법학, (28), pp.277~299 (2008), 한국노동법학회
  6. 임종률, "노동법" (2012), 박영사
  7. 임종률, "쟁의행위와 형사책임" (1982), 박영사
  8. Hamann, "Arbeitnehmerüberlassungsgesetz, 3. Auflage" (2007)
  9. Hromadka, "Arbeitsrecht Bd.2" (2003)
  10. Koch, §210, 11.Aufl., "Schaub-ArbeitsHb", pp.2005, Schaub-ArbeitsHb
  11. Trümmer, "Betriebsverfassungsgesetz, 11. Auflage" (2008)

관련 논문AI추천

이 간행물의 다른 논문 (31건)