노사관계에서 헌법상 경영권이 갖는 의미에 대한 연구

Abstract

Our Constitution law guarantees the three labor rights of workers as basic constitutional rights, and accordingly, our labor law stipulates many protective measures so that workers and labor unions can negotiate on an equal footing with employers. And the protection of the three labor rights is a value that should be given priority in our labor market has been steadily emphasized since democratization blossomed in the industrialization era, the 1980s. As a result, the status of large trade unions, now represented by the Korean Confederation of Trade Unions(KCTU) and the Federation of Korean Trade Unions(FKTU), has reached same level that is virtually no different from that of corporate groups, and even some large corporations that have operated without labor unions for a long time in the past have now formed labor unions and negotiated. Considering these points, it can now be seen that at least labor unions, unlike in the past, continue to confront each other on an equal footing with employers. The problem is that our society is not simply made up of conglomerates and giant labor unions. With the 4th Industrial Revolution, the status of social members is becoming more diverse, and it is true that the relationship in our society has become too complex to simply classify our neighbors as “managers” and “workers.”. And these changes in society seem to be demanding new changes to our labor law system, which prioritizes the protection of the existing three labor rights. The protection of the three excessive labor rights is, paradoxically, being used as a means to stifle entrepreneurs who conduct business activities based on small capital. In this situation, I think it is a very one-dimensional problem solving method to expand the scope of “workers” unlimitedly or to consider only the protection of the three labor rights as the top priority in the labor law system. Now, it is necessary to acknowledge that various members of the labor market and their respective positions are different, and strive to strike a balance between the two subjects of labor-management relations, ‘employers’ and ‘workers’. In that respect, it is the most important task to clearly specify the right to management as a constitutional fundamental right and to understand and study the relationship between such right to management and the three labor rights. It is undesirable to reject management rights simply because there are no stipulated regulations and emphasize only the three labor rights. Under the premise that management right is a fundamental right under the Constitution, it is important to find a balance between management right and the three labor rights in order to strike a balance in the labor market in the future.