勞使協調의 法制度的 保障에 관한 硏究(Ⅱ) : 勤勞者의 經營參加制度를 中心으로 With emphasis on the Workers' Participation in Management = A Study on The Institutionalization of The Cooperation between Labour and Management

다국어 초록 (Multilingual Abstract)

In this thesis, the writer has dealt with the Workers' Participation in Management as one of the most effective ways to guarantee the cooperation between labour and management. For it urged to introduce such a system in Korea as soon as possible in the sense that the industrial peace, i.e., the urgently needful factor at this stage of development in Korea, could be firm and lasting one when it was based upon a system that gave workers more voices in their workplace.
In dealing with this subject, the thesis has presented to us the industrial relations system and current labour situations in Korea in the first place of chapter one. In this chapter he has concentrated his effort on labour disputes to analyze the major causes of them and argued that something should be done to rectify these situations. For this purpose, he proposed to introduce the system of Workers' Participation in Management so as to make workers participate in the managerial decision making process that affects them in their working lives.
In chapter two, the writer has searched for the concepts and reality of the Workers' Participation in Management majorly according to the theories developed by European scholars and the experiences in the European countries which had been making an experiment on the system. He very broadly defined the meaning of Workers' Participation in Management as a system which occurs when those at the bottom of an enterprise hierarchy take part in the authority and managerial function of the enterprise; and he examined this definition by the factors of scope, degree, extent and form of participation. It extended the discussion to the following perspectives on Workers' Participation in Management so as to explore the merits and demerits of the system.
(a) Defence and promotion of workers' interests.
(b) Democracy within enterprise.
(c) Reduction of alienation and promotion.
(d) Effective utilization of the human resources of the enterprise.
(e) Encouragement of co-operative attitudes and reduction of labour disputes.
(f) A contribution to certain social problems within the enterprise and in the community.
(g) A brake on efficiency.
(h) An illegitimate intrusion upon managerial prerogative.
(i) The social responsibilities of the enterprise.
In connection with these perspectives, it presented the possible impacts of Workers' Participation in Management and suggested several propositions that may be of fairly general application and are worthy of further careful study. And it continued to examine the determinants of Workers' Participation in Management‥workers' acceptance of participation to probe the possibilities to introduce the system in Korea.
In chapter three, it has selected and presented the Co-Determination System in the Federal Republic of Germany and the Workshop Collective Bargaining System in the United Kingdom as models of Workers' Participation in Management that could be introduced in Korea, of course, after some modification. It first presented the German system of Co-determination under the Works Constitution Act and Joint Co-determination under the Act on co-determination in mining, iron and steel industry and the debate on the extension of the latter system to the almost all big enterprises in Germany. Then it explained the English systems of joint consultation and collective bargaining as a means of Workers' Participation in Management emphasizing on the workshop collective bargaining under the leadership of shop-stewards.
After discussing these points, it concluded and proposed in its fourth, and the final chapter, that under the present situations, the following measures should be taken as soon as possible in order to guarantee and institutionalize the cooperation between the labour and management in Korea.
(a) In the sense that the collective bargaining is taking place at enterprise level at present, the workshop collective bargaining as a means of participation similar to the English system should be encouraged. If not, it is highly advisable to change the industrial relations institution. In other words, it is better to conclude collective agreement by industry level or national level to minimize the differentials in labour conditions among workers than to conclude it by enterprise level as it goes at present.
(b) The existing Labour-Management Council stipulated in the Labour Union Law should be elevated to the position to be a truely participatiev body. And the Labour-Management Council Law has to be enacted to present the Workers' Participation in Management with a legal basis.

목차 (Table of Contents)

• Ⅰ. 緖論
• Ⅱ. 勤勞者의 經營參加制度
• 1. 序說
• 2. 勤勞者의 經營參加의 槪念
• 3. 勤勞者의 經營參加에 관한 贊反의 諸 觀點
• 4. 企業의 槪念과 實態
• 5. 勤勞者의 經營參加의 決定要素
• 6. 勤勞者의 經營參加의 效果
• Ⅲ. 勤勞者의 經營參加制度의 두 「모델」
• 1. 西獨의 共同決定制度
• (1) 共同決定制度의 定立
• (2) 共同決定制度採擇의 背景
• (3) 企業基本法下의 共同決定制度
• (4) 共同決定法下의 完全共同決定制度
• (5) 完全共同決定制度의 擴大適用을 爲한 勞動組合의 要求
• (6) 共同決定制度와 關聯된 몇가지 問題點
• 2. 英國의 團體交涉制度
• (1) 歷史的 展開와 現況
• (2) 共同協議制度
• (3) 團體交涉制度
• (4) 英國에 있어서의 勤勞者의 經營參加의 展望
• Ⅳ. 韓國에 있어서의 勤勞者의 經營參加制度
• 1. 序說
• 2. 團體交涉體制의 改編
• 3. 勞使協議會制度의 法制化
• Ⅴ. 結論