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姜熙甲,白喆鉉 관동대학교 1978 關大論文集 Vol.6 No.1
The close corporation is probably the most prevalent from of business entity in use in Korea. It is variously defined, but generally characterized by its limited membership, restricted trading in stock, and identity of ownership nd amanagement. The Commercial Code of Korea does not diffentiate between close corporation and public issue corporation, and many regulation of it illadapted to close corporation. Such statutory regulation fails to meet the distinctive needs of close corporation, especially the boad of directors system in stock corporation of the current commercial code of Korea is useless instruments to close corporation. Because the status quo of close corporation is widely different from its legal form. In details, the close corporation is managed likely to partnership devices;the meeting of the board of directors is waved and is not held. This gap between the law and reality in close corporation has long been lamented, but virtually no corrective legislative efforts have been taken to data. In United States, many writers have made strongpleas urging the enactment of special statutes to govern close corporation and many states have added to their corporation statues provisions designed to meet the pressing problems of close corporation. Thus, in this thesis, I suggested that the board of directors system of the current Korean Commercial Code should be simplified and abolished to reality of close corporation. In enacting the managerial structure of close corporation, we must respect the American experiments in this field.
嶺東ㆍ太白地區 炭鑛會社의 勞使協力에 관한 實態와 그 改善方案
申斗休,姜熙甲,白喆鉉 관동대학교 1976 關大論文集 Vol.4 No.1
Korea has made great progress in anthracite producing capacity since past decade. Neverthless its promotion is critically desired and has become one of the great concerns of the government in carrying out the present national economic development plan because of shortage in our energy resources. Increase of anthracite production results from cooperation between management and labor instead of useless and excessive labor disputes. In this article has been dealt with real conditions and improvement ways of Labor-Management cooperation of coal mining corporations in Yong Dong Area only. To point out some of them to be considered and examined, are as follows. Firstly, in Collective Bargaining, labor union's organization being prerequisite to it should be induced to all the coal mining enterprise, its organization activity should be trained and the operative labor union law needs to be amended so that employees may have the right to reqire nationwide collective bargainning. Furthermore, it is desirable to adopt minimum wage system and widen span of collective barginning to workers' participation in management. Secondly, in Consultation of Labor-Management, even the labor union unformed enterprise should have the duty to organize a consultation instrument between employers and empoyees, moreover the existing consultation meeting should be strengthened effectively to actualize workers' participation in management. Lastly, in view of social welfare for workers. prompt enforcement of minimum wage system, investment inducement to welfare facilities by the government and the enterprise concerned, and widening application of existing workers' compensation insurance will be needed. The true labor-management harmony is contribute not only to increase of coal production capacity, but to just distribution of business performance through democratization of industry.