인사평가와 근로자의 참여권 = Workers' right to participate in personnel evaluation

다국어 초록 (Multilingual Abstract)

Personnel Evaluation has become a critical issue that directly and indirectly affects workers' treatment, with related disputes increasing. A pressing concern is that workers lack participation in the principles and processes affecting their working conditions and treatment, as well as full access to related information. Currently, the only labor law control mechanism over personnel evaluation is the employment rules, unilaterally drafted and modified by the employer. Case law assesses unilateral personnel evaluations within the framework of discretion abuse or deviation, leading to limited worker protection within the employer’s discretion.
Given that labor law aims to limit corporate private power and protect workers, legal regulations are needed to ensure fairness in both the content and procedures of personnel evaluation. This study is based on the recognition that labor law regulation should be established on the principle of equal decision-making between labor and management. Workers have the right to participate equally with employers in the overall personnel evaluation process, a right linked to the constitutional principles of self-determination and humane working conditions.
Personnel evaluation is a fundamental working condition that labor and management should jointly determine, and related criteria should be a subject of collective bargaining. The establishment and modification of personnel evaluation should reflect self-determination, with legitimacy presumed when both individual and collective participation rights are ensured. Improvements to the Labor Standards Act and other related laws are considered to ensure worker participation within the current structure.