이익균점권의 보장과 우촌(牛村) 전진한(錢鎭漢)의 사상 및 역할 ― 우촌의 사회법사상 궤적의 탐색을 위한 ‘초심곡(初心曲)’ ―

Abstract

In case of approaching “the Equal Right to Share Profits of the Private Company”(ERSPPC) in establishment of the Constitution of the Korea, the most critical issue is how to catch up with the dominant political legislative-forces and the social economic background of ensuring it. Because ERSPPC is the unique fundamental right of workers prescribed by the establishment of the Constitution, which is not guaranteed in any other countries. This paper attempts to clarify the real social economic issues and the decisive factors of guaranteeing ERSPPC by the methodology of approaching the role and social thought of Jin Han Jeon, a member of the National Assembly of the Constitution(NAC), who became the first Minister of Social Affairs Department under the regime of the President, Seung Man Rhee. The author argues that Mr. Jeon who originally had ‘free co-operative ideology’ played the key role in ensuring ERSPPC through analyzing the stenographic records of NAC and his autobiography, “So struggled I.” He strongly emphasizes that Mr. Jeon, being Zen Master who led ‘movement of the co-operative association’ against the colony of the Japan, cherishing ‘the idea of unity of labor and capital’, took ERSPPC for granted as a foundation stone for unification of the divided Korea. The author underscores as followings; Though ERSPPC had not been provided in the draft of the Constitution, Mr. Jeon and his proponents representing the interests of anti-capital people against pro-capital political party, Han Min Dang initially submitted ‘the labor-agriculture 8 Articles’ including ERSPPC in NAC. Also it was the only one event in a process of the establishment of the Constitution that guaranteeing of ERSPPC took a very vehement debate of two days long and a exceptional secret voting compared with agreement of five minutes on the other Articles. The author further points out that the real social economic background of ensuring of ERSPPC was a eager needs of workers for positive engagement in administrating ‘the enemy properties’ of Japan in the Korea. The author suggests Mr. Jeon had a optimistic ideal goal that ERSPPC would play a key role as a mile stone not only in the social integration of the South Korea but also in the unification of the divided Korea in the near future. The author keeps an eye on the concrete facts that Mr. Jeon had exclusively practiced Zen training for 12 years in Mt. Geum Gang and Mt. O Dae after being released from prison under the rule of Japan, and that during his political career he would confess “Zen training is my professional job, political life is my side job.” Lastly, on the basis of Mr. Jeon's Zen life, the author draws an inference that the decisive influential idea of ERSPPC was attributed to Mr. Jeon's ‘free co-operative ideology’ stemming from ‘the super dialectic unity of dualism’ which was originated by his Zen idea of ‘each other being the same substance of great compassion.’