근로자참가제도의 신동향과 과제

Abstract

This paper aims to study of new trend and tasks of workers' participation in management in Korea. In this paper, 'workers' participation' means only 'participation in decision-making', which excludes trade union's normal activities as like collective bargaining or industrial actions. The most important system for workers' participation in Korea has been 'labor-management council', which has been formed at the enterprise level in order for promoting employee' welfare and achieving cooperation of labor and management. The existing statute for labor-management council is 'the Act concerning the Promotion of Worker Participation and Cooperation in 1997'('APWPC') which was amended on January 2007. This paper tries to examine the contents and tasks of amended APWPC 2007. In chapter 2, the important contents of amended APWPC 2007 are introduced as followings. First, a criterion of the workplace which must establish a labor-management council is regulated by the Act directly; the workplace with 30 or more employees shall establish a labor-management council. Second, the workers' representatives of the council have a right to be informed in advance concerning matters subject to the functions of the council. Third, in matters subject to consultation, 'prevention of industrial disputes' is excluded on the one hand, 'introduction of equipments for monitoring and surveillance at workplace' is added on the other hand. Fourth, 'national tripartite committee' of which functions was same or similar with 'the tripartite commission established in 1998 is repealed. In chapter 3, the tasks of amended APWPC 2007 are studied as followings. First, the functions of employees' representatives under the Labor Standards Act shall be absorbed into labor-management council under APWPC. At the same time, types of the council shall be enlarged and procedures in detail to elect workers' representatives shall be made. Second The worker's representatives of the council shall be elected by direct ballot of employees at all cases. AT the present time under APWPC, in case of a workplace with a trade union composed of a majority of all employees, the trade union can select the worker's representatives of the council. This is an excessive representation of majority union.