제헌헌법이 정한 근로자 이익균점법 제정의 좌절 또는 침묵

Abstract

The right to share the profit for labors stipulated by the Constitution of 1948 can be said to be the most unusual and protruding list of rights in our constitutional history. Since the right to share the profit for labors stipulated in Article 18 (2) of the Constitution of 1948 is guaranteed "as prescribed by law", it does not take effect with the enforcement of the Constitution of 1948, but can only be implemented when the Workers' Profit Sharing Act is enacted. President Syngman Rhee referred to the government's policy of equalizing interests for workers and appointed Chun Chin Han who was the first minister of social affairs, who led the Constitution's rule of the right to share the profit for labors and was the chairman of the KCTU. Minister Chun Chin Han declared that he would push for the Workers' Profit Sharing Act after the prompt payment of vested properties. Since it was born against the background of the reconstruction of economic profits surrounding the vested properties to workers' interests, it was also a practical profit-sharing plan to carry out workers' interests under the disposal of the vested properties to workers' interests. In the process of enacting the Vested Properties Treatment Act in 1949, three provisions of the worker's sharing of interest were passed by the National Assembly due to the activities of Jang Hong-yeom and Chun Chin Han. However, in response to this, President Syngman Rhee exercised his right to veto and the Vested Properties Treatment Act was confirmed as the three provisions of the worker's sharing of interest were deleted. It can be seen that the Workers' Profit Sharing Act was virtually frustrated as the workers' interests were not carried out in the disposal of vested properties. Since then, the Korean Confederation of Trade Unions has systematically divided and Chun Chin Han losing Syngman Rhee's trust and falling politically. The Korean Confederation of Trade Unions is silent on calls for the enactment of the Workers' Profit Sharing Act as it focuses on enacting the Labor Act in 1953. In the constitutional amendment in 1962, the provisions of the right to share the profit for labors were deleted from the constitution on the grounds that they were unrealistic. However, the revival was discussed in the discussion of constitutional amendment in 1980 and 1987, and it was also a practical driver for the enactment of the Minimum Wage Act. In the current constitution, it is passed down as the ideology of economic democratization as the basic direction of social rights.