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勤勞者 經營參如의 範圍에 관한 硏究

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A Study on the Scope of Workers' Participation in Management.

근로자 경관참가의 범위에 관한 연구

李光會

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With the improvement of labor-management relations, workers` demand for participation in management is increasing. In the meanwhile, workers and employers are showing a big opinion gap concerning the scope of workers` participation in management. The gap is becoming the biggest issue causing the conflicts between the labor and the management. Thereforce in this study I have tried to look into the theory and the present situation related to the scope of workers` participation and have studied on desirable relation between management right and workers` participation in management. The summary of this study is as follows : 1. Workers` participation in management is becoming more various and active. the labor-management relations are improving and the labor and manangement`s attitude toward workers` participation in management is affirmative and positive. In our country workers` participation is mainly being conducted through both the collective bargaining and labor-management council. 2. Since 1987, many other matters besides wages and working conditions have been found through collective agreement. Among them, the subjects of personnel and management are becoming the big controversial issue between the labor and the management. Employers hold that the scope of the subjects of collective bargaining should be confined strictly to working conditions, and matters related to the management right should be excluded from the subjects of collective bargaining and labor disputes. On the contrary, trade unions maintain that the scope of collective bargaining should be enlarged to include almost all subjects concerning the enterprise management. Confrontations of labor and management about the subjects of collective bargaining become great hindrances to the stability and the improvement of labor-management relations. 3. Workers` participation in management by labor-management council is mostly taken in terms of information-participation and its level of general participation in management is very low. In consideration of the relation between labor-management council and collective bargaining, there is the most found linking type running the two systems organically. We need to consider the viewpoints of both the labor and the management on the relation between labor-management council and collective bargaining as follows; the former holds that labor-management council should be conducted toward the complementation of collective bargaining. Whereas the latter holds that the two functions should be strictly differentiated. 4. In our country we have not yet reached theoretical agreement on the scope of the management right. Therefore, the Scope of collective bargaining should be decided from the viewpoint of thinking much of practical contents of the management right and the efficiency of management. It is considered as reasonable that matters on personnel and management should be a permissive bargaining subject and should be discussed by labor-management council. Paying regard to the reality our enterprises are confronted with, the relation between collective bargaining and labor-management council is required to develop toward a mutually complementary one from now on. And labor-management council needs to develop toward the enlargement of the function of participation in management. 5. In order to develop the labor-management relation from now on, the two parties need to assume more mature attitude to overcome antagonism between the scope of the management right and that of the labor right, and attempt to corporeality of the two parties through cooperation.

목차

I. 序論
 II. 動勞者 經營參加의 槪念과 特性
  1. 動勞者 經營參加의 槪念과 模型
  2. 動勞者 經營參加로서의 團體交涉과 勞使協議制
  3. 動勞者 經營參加의 最近動向
 III. 動勞者 經營參加의 現況
  1. 動勞者 經營參加의 對象事項에 관한
法規의 內容
  2. 圍體交涉 對象事項의 實態
  3. 勞使協議  對象事項의 實態
 IV. 經營權과 動勞者 經營參加의 範圍
  1. 經營權의 槪念
  2. 經營者의 職能과 經營權의 內容
  3. 經營權과 勤勞者 經營參加
 V. 結論
 參考文獻t
 Abstract

저자정보

  • 李光會 이광회. 釜山經商專門大學 講師

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