earticle

영어

The Industrial Democracy is achieved not by the compulsory legislation but by the cooperation between employers and employees through workers' management participation.. The bona fide cooperation between employers and employees should be conditioned on the base of the position of the equal party between employers and employees. But the Act on the Promotion of Workers' Participation and Cooperation includes a lot of the legal problems which it intends to achieve the Industrial Democracy by the compulsory legislation. This Act should be properly abolished as an unconstitutional legislation which restricts or infringes workers' right to collective bargaining guaranteed by the Constitution Law sec. 33. This paper suggests that so called 'Workers' Management Participation Act' should be newly enacted on the base of the Industrial Democracy conditioned by the position of the equal party between employers and employees. This paper consists of as followings; 1. Prelude 2. The Industrial Democracy and Workers' Management Participation 3. The types of the Industrial Democracy 1) The type of the collective bargaining 2) The type of the Workers' Management Participation Legislation 4. The Industrial Democracy and the Act on the Promotion of Workers' Participation and Cooperation 1) The historical changes 2) This Act's legal problems 5. Conclude