공공기관 노동이사제의 법적 쟁점과 개선 방향

Abstract

Recently, the “Board-Level Employee Representation System” has been actively introduced and expanded, focusing on public institutions. The board-level employee representation system overcomes the limitations of employee management participation system and encourages employees to participate in managerial decision-making more directly and actively in order to convert the labor-management relations paradigm to a participative or a cooperative form. It is also highlighted as the most suitable system for rational renovation of public institutions’ internal and external governance structure, enhancement of transparency and responsibility, and enforcement of recently emerging ESG management in public institutions.BR In response, this paper reviewed the rules of the central board-level employee representation system based on the legislative discussion process and local board-level employee representation system, focusing on the Act on The Management of Public Institutions. Then, this paper also examined the main issues derived from each rule to suggest rational improvement directions.BR For the central-local board-level employee representation system’s rules, this paper suggests as follows : Finding unified rules, amending formal and systematic disagreement between the Act on The Management of Public Institutions and management guidelines, legislating the rules of local board-level employee representation system, raising a need for systematic discussion on the board-level employee representation system, expanding the board-level employee representation system in other public institutions, reforming a legal status of board-level employee, securing representativeness in institutions, disqualifying board-level employee from a labor union member, establishing the number of board-level employee in consideration of each institution’s characteristics, and granting authorities and responsibilities in consideration of board-level employee’s duties.BR The board-level employee representation system is a type of employee participation system and it reflects the interests of all employees to the authorities that have been exercised unilaterally by the employer. As a result, it inevitably involves fierce labor-management-government controversies over introduction and expansion of the board-level employee representation system.BR Thus, it is necessary to continue the discussions in order to change the labor-management paradigm and renovate the governance structure and labor-management relation stably through the Korean-style board-level employee representation system.