공무원 노동기본권 보장에 관한 연구

강두순 창원대학교 노동대학원 2009 국내석사

In the case of our country, the three rights to labor, guaranteed under constitution law, has been denied in the authoritarian system for a long period of time, since the Third Republic. So Korea hasn't avoided being known as oppressive nation to labor in international society. Nation is also the subject of economy in the modern society. Public servants are workers corresponding to the government, their employer. On January 27, 2005 'Law about public servant labor union establishment and operation' enactment process and substance about legislation style right extent, formation form, government negotiation subject, negotiation window, grievance mediation etc. that was main point at issue item concretely arrange. As the Act on the Establishment and Operation, etc. of Public Officials' Trade Unions has been enforced since January 28, 2006, it secures institutional frameworks for the basic labor right of the public officials'. Therefore, in this paper to examine closely principle of law about public servant's labor basis right guarantee system of public servant work ethic command legislation and formation process, history of public servant work ethic command legislation. Regardless of the Government Officials' Union Act in effect, several points at issue have been shown in the perspective of guarantees of the basic labor right. The biggest problem is the subject and the scope of jointing of the basic right of public officials'. The act in force allows the public officials ranked 6th Grade or below to join labor union, however some particular services such as director and supervision are excluded. Despite the consequence of necessary of the guarantees of the basic labor right for them, several problems could be raised if their labor union is accepted. First of all, when the culture of labor union is not yet matured, there will be possibility to impair public interest by becoming an interest group. Secondly, it could conduce toward blank of public security. Thirdly, it could disorder specific public servants' hierarchy which requires order/obedience system in itself. For this reason, it has potentialities of the social abuse more than guarantees of the basic labor right at this stage. This study is consisted of five chapters. Chapter one is an introduction of this study. Purpose, scope and methodology of this paper are included here. Chapter two decide to examine existing law public official labor basis right connection regulation and theoretical basis. Chapter three compared the standard of labor for public sector workers of ILO with the labor union act of advanced countries such as America, England, France, Germany, Japan. Chapter four decide to problems and reform measures of law public official labor basis right. Chapter five summaries the author's arguments, as a conclusion of this study. The basic labor rights of the civil servants in Korea has been severly restricted for last 50 years due to economical, military, social, and political reasons. Considering Korea's unique history of those elements, gradual progress of labor of civil servants is more desirable.

特殊形態勤勞從事者의 法的 保護方案

최성호 창원대학교 노동대학원 2007 국내석사

A special type worker means a worker who is engaged in both dependent labor and independent labor at the same time, and representative examples include golf course caddies, ready mixed concrete truck drivers, insurance consultants and worksheet tutors. In response to increasing flexibility of the labor market, the change of industrial structure, the development of service industries and the diversification of employment types, human resource management is attempting policies combining the advantages of employed workers and self employed business runners and, as a result, the number of special type workers is increasing. This trend is spreading throughout the world and Korea is not exceptional. The current Labor Law distinguishes between workers and self employed persons, and is applied only to workers. Accordingly, if special type workers are classified into workers they are protected by the Labor Law, and if not they are totally excluded from the protection. The Supreme Court has denied special type workers' being workers for the last 10 years. What is more, they are not protected properly by other laws including economic laws. In this situation, as the necessity for social protection of special type workers is being recognized, the government has been discussing legal protection methods through the Tripartite Commission and other routes. The presents study purposed to attempt various criticisms of discussions over special type worker protection methods and, based on the results, to suggest special type workers' legal status and methods to protect them. In order to prepare legal protection methods, we reviewed previous discussions surrounding special type workers in developed countries and their protection methods prepared or in preparation, and obtained implications for our preparation of the protection system. By examining how special type workers are protected by law in ILO and major countries including Germany, France, the U.S., the U.K. and Japan, we obtained implications for the establishment of protection methods and, lastly, designed legal protection methods from the aspects of interpretation and legislation.

女性勤勞者의 保護法制와 改善에 관한 硏究

김진선 昌原大學校 勞動大學院 2005 국내석사

The society is changing continuously and women’s life has experienced a lot of changes compared to that in the past. Now it is regarded as natural for women to have a job instead of staying at home. Women’s labor force participation rate has increased significantly and, with the elevation of their education level, women have more employment opportunities in wider areas including those that have been regarded as exclusive for men. Through the quantitative and qualitative growth of women’s economic activities, they are making significant contributions to national economy. However, when we examine more closely, the employment pattern of men or women in developed countries is of ‘upside-down U-shape’ throughout their life, Korean women’s employment curve shows ‘M-shape’ from the 1960s to 2004. In the age of knowledge and information in the 21(st) century, the use of competent and creative female labor is becoming a key to industrial and national development. Nevertheless, Korean women’s labor force participation rate still remains below 50%. Female college graduates’ labor force participation rate was 54% in 2001, which is the lowest among the OECD countries. OECD is diagnosing that Korea is suffering a huge amount of economic loss because it does not utilize female labor properly. In addition, McKinsey pointed out in ‘Women’s Korea Report’ in 2001 that Korea is suffering a great economic loss as it does not utilize female labor and recommended that, in order to join the group of developed countries until 2010, Korea absolutely needs to raise female college graduates’ labor force participation rate from 54% as it is currently up to 90%. This shows that motherhood protection including women’s childbirth and rearing is not an individual matter any more but an absolute task to be taken charge by the industry, the government and the society. In addition, the number of female non-standard workers has been increasing rapidly since the 1990s and, as a result, the percentage of female non-standard workers is 70.7% while the percentage of non-standard workers in the entire labor market is 50%. In addition, non-standard jobs in Korea are mostly temporary works as a consequence of the economic trend of neo-liberalism and companies’ cost-saving policies. In this situation, motherhood protection has to be neglected even more. Currently there are international efforts through UN, ILO, etc. to guarantee legal protection of female workers, and developed countries also show such a legislative movement. In Korea, the Constitution provides motherhood protection along with special protection of women’s labor, and laws such as the Labor Standards Act and the Sexual Equality Employment Act stipulate its details. Based on these rules, various policies are being established in relation to the protection of female workers as shown in the basic welfare plans for working women, the basic political plans for women, etc. However, current laws related to the protection of female workers are not sufficient in terms of the level of guarantee and are not enforced properly. Thus, recognizing the importance of female labor and protecting female workers, the government revised the Sexual Equality Employment Act in 1999 as well as three laws related to motherhood protection in 2001 to protect motherhood and help female workers’ child rearing, which is the biggest burden in women’s labor activities. Despite these revisions, there are still many problems in the protection of female workers. According, the present study purposed to examine changes in legal systems according to the government’s policies on the protection of female workers, to identify problems in the laws for protecting female workers, to suggest political and legal plans for the protection of female workers and, ultimately, to achieve the substantial protection of female workers. This thesis proves that motherhood protection must be re-conceptualized into the guarantee of motherhood from the perspective of substantial equality based on differences between men and woman by examining cases of legislation related to the protection of female workers in international organizations such as UN and ILO as well as legal grounds for the protection of female workers’ motherhood, the enforcement of such laws and governmental policies. In addition, we identify problems in current laws related to the protection of female workers and suggest desirable directions for improvement. For these purposes, the thesis is structured as follows: Chapter I presents the purposes, scope and method of research. Chapter II reviews international trend of legislation related to the protection of female workers focused on UN, ILO, No. 103 the Motherhood Protection Convention. In addition, this chapter investigates changes in the Korean government’s policies on woman, dividing them by period - 1988~1992 (Rho Tae-woo’s government), 1993~1997 (Kim Yeong-sam’s government), 1998~2002 (Kim Dae-jung’s government) and 2003~2007 (Rho Mu-hyeon’s government). Because there are many policies on woman in progress under Rho Mu-hyeon’s government, we concentrate the discussion on policies that the government must promote in the future. In addition, this chapter examines changes in laws related to the protection of female workers such as the Labor Standards Act, the Sexual Equality Employment Act and the Basic Act on Women’s Development. Furthermore, we discuss the protection of non-standard female workers increasing since IMF, which is a new issue in the protection of female workers. Chapter III examine problems in the laws related to the protection of female workers mentioned above, specifically focused on the Labor Standards Act, the Sexual Equality Employment Act, the Basic Act on Women’s Development and the protection of non-standard female workers. We also suggest directions for improving the effectiveness of the government’s motherhood protection system for female workers and activating it. Chapter IV summarizes discussions in Chapter II and III, and forecasts legal systems for the protection of female workers. For this research, we collected the results of previous researches and analyzed data from governmental organizations such as the Ministry of Gender Equality, the Special Committee for Women’s Affair in the National Assembly and the Ministry of Labor as well as from women’s organizations. In addition, current situations related to female workers were surveyed and the author’s experiences as a labor supervisor were included in analysis. Furthermore, official statistics from the National Statistical Office were used in analyzing women’s labor force participation rate, unemployment rate, etc. In conclusion, despite the rise of women’s labor force participation rate, Korean women’s employment curve is still M-shaped due to employment interruption caused by marriage, childbirth, etc. This is a result that women’s burdens of childbirth and child rearing make it difficult for them to exercise their abilities to the full. Although currently motherhood protection policies are executed for working women to lessen their burdens of motherhood functions, companies’ perception on female labor has been improved little. Implicit demand for retirement and unfair treatment in connection to marriage, pregnancy, childbirth, etc. are deeply rooted customs in Korean society. As a consequence, many women have to take responsibilities for working, housekeeping and child rearing by themselves. Labor is closely related to the right to live, and is a major foundation of social and cultural activities. Considering this, the security of the equal right to labor for women is important not only for achieving the equality of employment but also for correcting discriminations against women and attaining gender equality throughout economic, social and cultural areas. Since the enforcement of the Labor Standards Act in 1953, the government has stipulated the duties of the state and local self?governing bodies concerning the protection of woman, equality in treatment and employment opportunities, gender equality at home and workplace. However, the division of labor in legislation clearly shows the dualism to utilize women as low-wage, unskilled and non-standard labor. Before the revision of laws, it is necessary to improve people’s perception and systems in order to achieve ‘the consolidation of equality and the expansion of motherhood protection,’ and to prepare working methods and legal/social supports in order for men and women to be able to have both family life and working life. For this, practical policies on women’s labor should be established including shortening working time, securing the effectiveness of the Sexual Equality Employment Act, implicit preferential treatment for women, expanding motherhood protection, and supporting child rearing and family life. Moreover, in establishing a new labor?management relation, comprehensive policies on women’s labor should be prepared through revising laws related to the protection of working women such as the Sexual Equality Employment Act, the Employment Insurance Act and the Infant Care Act, which provide equal treatments in the entire process of women’s employment. Policies on female labor generally evolve from the stage of special protection of female workers to the stage of co-existing of woman protection and gender equality and the stage of strengthening national and social support for the achievement of gender equality, namely, the stage of preparing working methods enabling the co-existence of family life and working life for both men and women. Following the trend, we need to improve laws related to the protection of female workers under the following standards: First, the fundamental cause of discrimination against women in the labor market is ‘the division of gender roles.’ Thus, it is necessary to guarantee gender equality and women’s right to labor by improving gender-discriminative laws, systems and social structure and abolishing discriminations in women’s employment. In order to guarantee gender equality and women’s right to labor, we should present standards for determining illegal gender discrimination and specific types of discrimination, to establish guidelines for checking gender equality for employment and planning the practice of gender equality for employment, and to establish rules for the achievement of gender equality by labor and management. Second, women’s motherhood protection functions such as pregnancy, nursing and menstruation must be protected absolutely and the cost should be shared by the society and companies in a dimension of social welfare. Third, the protection of women should be eased, abolished, extended or applied commonly to both men and women according to the condition of each country, but it should not have bad influences on women’s working condition or environment. Furthermore, working condition should be created so that child rearing should be taken charge jointly by men and women, the society and the government. Fourth, the Basic Act on Women’s Development and the Act on Prohibiting Gender Discrimination and Relief have been enforced as ground laws of policies on woman. Based on the laws, the central government and the local government are under obligations to take various legislative measures to abolish discriminations and achieve equality in all areas. In addition, globalization going on in the middle of radical changes in the 21^(st) century is restructuring the order of global economy and bringing many opportunities as well as crises to women. Thus, we should make legislative efforts to cope with new discriminations by examining the effects and influences of these changes, to improve women’s rights and standing, to guarantee women’s fair participation, and to include woman’s viewpoints and gender?sensitive viewpoints in deciding polices in the process of transition. Lastly, another problem is the increase of non-standard workers. Currently, 7 out of 10 female workers have non-standard jobs, and over a half of all non-standard workers are women. Non-standard employment is expanding mainly among women. Non-standard female workers are discriminated doubly based on their gender and their employment type, suffering from very poor working conditions in terms of wage, employment period, etc. The application of welfare benefits such as social insurance and motherhood protection is as low as 20% on the average, much lower than that of standard workers. Thus the government made an advanced announcement of the legislation of the Non-standard Worker Protection Act on September 11 2004. However, the bill is criticized as a law that accelerates the increase of non-standard workers. Thus, the bill should be withdrawn and the problem should be solved through discussion with the circle of labor. In order to solve the serious problem of non-standard workers, a law should be promoted in the direction of suppressing the use of non-standard workers increasing recklessly, abolishing unfair treatments and guaranteeing rights. The key point of the non-standard employment problem is the reckless expansion of non-standard workers who are under unstable employment. Companies employ non-standard workers not only for objectively understandable and acceptable reasons but also for the purpose of saving labor cost, easing dismissal and avoiding their legal responsibilities as employers non-standard. Thus, non-standard employment must be regulated strictly. For this, non-standard employment must be restricted to ‘objectively rational cases and standard employment must be enforced for permanent positions.’ What is more, in order to protect non-standard female workers who are working in poor working environment, efforts should be made to improve their working environment through guaranteeing basic rights to labor by specifying the principle of equal treatment between non-standard and standard workers, preparing a system for changing non-standard workers into standard workers, organizing non-standard female workers for self?protection, providing social support for female workers’ working life and family life, eradicating gender discriminations in employing standard workers, acknowledging the status of labor for workers of special employment, enhancing the effectiveness of laws and systems through strengthened labor supervision, and surveying the situation of non-standard labor from gender-sensitive viewpoints. The legislation and enforcement of a law do not guarantee the achievement of the goals intended by the law. The successful application of a law depends on how people perceive the law and how effectively the law is applied and enforced. 사회는 끊임없이 변화하고 있고 또한 여성들의 삶도 과거에 비해 많은 변화가 있었으며, 이제 여성들도 가정에만 머무르지 않고 직업을 갖는 것을 당연한 것으로 받아들이고 있다. 여성들의 경제활동 참가율도 크게 증가하고 있으며, 교육수준도 높아져 취업의 기회가 넓어졌고 그 분야도 다양해져서 남성들만의 영역으로 인정되었던 분야에까지 진출하는 등 질적으로도 지속적인 성장을 하고 있으며 이에 따라 국가경제에도 기여하는 바가 크다. 하지만 좀더 자세히 살펴보면, 일반적으로 남성들이나 선진국 여성들의 취업형태가 생애 전반에 걸쳐 ‘역 U자형’의 곡선을 나타내는데 비해 우리나라 여성들의 취업곡선의 형태는 1960년대에서부터 2004년까지 ‘M자형’의 곡선의 모습을 보여준다. 21세기 지식정보화 시대에 유능하고 창의적인 여성인력의 활용여부가 기업과 국가 발전의 관건이 되고 있다. 그럼에도 불구하고 우리나라 여성의 경제활동참가율이 50%이하의 수준에 머물러 있는 실정이다. 대졸여성의 경제활동 참가율 역시 2001년 54%로 OECD국가 중 최하위를 차지하고 있다. 이에 따라 OECD는 한국이 여성인력을 제대로 활용하지 못해 눈에 보이지 않는 막대한 경제적 손실을 입고 있다고 진단하였다. 또한 2001년 맥킨지는 ‘우먼코리아 보고서’에서 한국이 여성인력을 제대로 활용하지 못해 막대한 경제적 손실을 입고 있다고 지적하면서 대한민국이 2010년 선진국 대열에 진입하려면 현재 54% 수준에 머물고 있는 대졸이상 여성의 경제활동참가율을 90%까지 끌어올리는 것이 절대적으로 필요하다고 조언했다. 이는 여성의 출산과 육아를 비롯한 모성보호가 더 이상의 개인의 몫이 아니며 기업과 정부, 사회가 분담해야 하는 절대적인 과제임을 보여주는 대목이다. 또한 90년대 이후 급속하게 비정규직이 늘어나고 있어, 비정규직 근로자의 분포는 전체 노동자의 50%정도이지만, 여성의 경우는 이 비율이 70.7%나 된다. 그리고 한국의 비정규직의 형태는 대부분 계약직으로서 비정규직이 신자유주의라는 경제적 대세와 더불어 기업의 비용절감 측면에서 생겨난 형태이기 때문에 모성보호의 문제는 더욱 간과될 수 밖에 없다. 현재 여성근로자보호를 위해 UN이나 ILO 등을 통해 국제적으로 적절한 법적 보장이 이루어지도록 노력이 계속되고 있으며 선진국 등에서도 이러한 입법적 동향을 보여주고 있다. 우리나라의 경우 헌법으로 여성의 근로에 대한 특별보호와 함께 모성보호를 규정하고 근로기준법과 남녀고용평등법 등에서 그 내용을 구체화하고 있으며, 이에 근거하여 근로여성복지기본계획이나 여성정책기본계획 등에서 여성근로자보호와 관련하여 다양한 정책들이 수립되고 있다. 그러나 현행 여성근로자의 보호관련 법은 그 보장수준이 미흡할 뿐만 아니라 그나마 제대로 실행되고 있지 못한 실정이다. 그래서 정부도 여성인력 활용의 중요성과 여성근로자의 보호를 위해 1999년에는 남녀고용평등법을 개정하였고, 2001년에는 여성인력 활동에 가장 큰 부담이 되고 있는 육아 및 모성보호를 위한 모성보호관련 3법을 개정하였다. 이러한 법의 개정이 있었음에도 불구하고 여성근로자의 보호에 관한 문제점들이 아직도 많이 있다. 따라서 여성근로자보호를 위한 정부의 정책변화에 따른 법제 변천을 살펴보고, 여성근로자의 보호법제의 문제점을 지적하여 앞으로 여성근로자의 보호를 위한 정책적, 법률적 방안을 모색해 봄으로써 여성근로자의 실질적인 보호가 이루어질 수 있도록 하는 것을 그 목적으로 한다. 본 논문은 여성근로자의 보호에 관한 UN이나 ILO 등 국제기구의 입법례와 현행 우리나라 여성근로자 모성보호의 법적 근거와 시행실태 및 정부정책을 살펴봄으로써 남녀간의 차이에 근거한 실질적 평등의 입장에서 모성보호가 아닌 모성권 보장으로 재개념화 되어야 함을 밝히고 이에 근거하여 현행 여성근로자 보호와 관련한 법제의 문제점 및 바람직한 개선방향을 고찰하고자 한다. 따라서 본 논문은 아래와 같은 내용으로 구성하고자 한다. 제1장에서는 연구의 목적과 범위 및 방법에 관하여 서술하도록 한다. 제2장에서는 여성근로자보호에 관한 국제적 입법동향을 UN, ILO, 제103호 모성보호협약을 중심으로 검토하고자 한다. 그리고 우리나라 정부의 여성정책 변화를 1988~1992년(노태우 정부), 1993~1997년(김영삼 정부), 1998~2002년(김대중 정부), 2003~2007년(노무현 정부)으로 나누어 살펴보며, 노무현 현정부는 아직 진행중인 여성정책들이 많이 있기 때문에 현 정부가 나아가야 할 정책들을 중심으로 살펴보도록 한다. 이와 더불어 근로기준법, 남녀고용평등법, 여성발전기본법 등 여성근로자 보호와 관련한 법제들의 변천을 검토한다. 그리고 IMF 이후 증가하고 있는 여성근로자보호에 관한 새로운 문제점인 비정규직 여성근로자의 보호에 관해 구체적으로 검토한다. 제3장에서는 앞에서 살펴본 여성근로자의 보호에 관한 법제의 문제점을 근로기준법, 남녀고용평등법, 여성발전기본법, 비정규직 여성근로자 보호의 문제로 나누어 살펴봄으로써 현 정부가 여성근로자를 위한 모성보호제도의 현실적인 실효성 확보와 이를 활성화 시킬 수 있는 방향을 제시하도록 한다. 제4장에서는 제2장과 제3장에서 검토한 연구결과를 중심으로 정리하면서 여성근로자 보호 법제를 전망하고자 한다. 이 연구를 수행함에 있어서 기존의 연구결과를 수집하되 주된 분석자료는 여성부와 여성부 이전의 국회 여성특별위원회, 노동부 등의 정부 자료와 여성단체의 다양한 자료 등을 조사하여 분석하는 문헌조사방법를 원칙으로 한다. 그리고 실태조사와 근로감독관으로서의 실무경험을 병행하며, 통계청 공식통계 자료를 이용하여 여성의 경제참가율, 실업률 등을 분석함으로써 여성근로자의 보호에 관한 실증적 검토를 하고자 한다. 결론적으로 여성들의 높아진 경제활동참가율에도 불구하고 우리나라 여성들의 취업곡선은 여전히 결혼과 임신 등을 이유로 한 취업단절로 ‘M자형 취업곡선’을 보여준다. 이는 여성의 출산·육아로 인한 부담이 가중되어 자신의 능력을 최대한 발휘하기 어려운 현실에서 나타난 결과이다. 현재 모성기능의 수행으로 인한 여성들의 부담을 다소나마 덜기 위해 근로여성에 대한 모성보호정책이 실시되고 있지만 기업의 여성인력에 대한 인식은 크게 수정되지 않고 있다. 이러한 점들은 결혼, 임신, 출산 등으로 인한 암묵적인 퇴직의 강요와 불평등한 처우로 우리사회에 깊이 뿌리내려져 있는 관행으로 인해 많은 여성들이 직장과 가사 그리고 육아의 부담까지 혼자서 책임 질 수밖에 없는 것이 우리의 실정이다. 노동은 생존권과 밀접한 관련을 갖는 문제이며 사회·문화적 활동에 있어 주요한 기반의 하나를 형성한다. 이를 고려할 때 여성의 평등한 노동권 확보는 단지 고용상에서의 평등뿐만 아니라 여성에 대한 전반적인 차별을 시정하고 경제·사회·문화 제반에 걸친 평등을 실현하는데 있어 중요한 사안이다. 1953년 근로기준법 제정 이후의 정부의 정책은 여성에 대한 보호와 시혜에서 평등과 취업확대, 가정과 직장생활에서의 남녀평등의 실현을 위한 국가나 지방자치단체의 의무에 관하여 규정하는 것으로 확대되어 왔으나 이러한 입법역할 분업구조에서 여성을 저임, 단순, 비정규직으로 활용하려는 이중성을 극명히 드러내고 있다. 법의 개정에 앞서 ‘평등의 강화, 모성보호의 확대’를 실현하기 위한 의식과 제도를 개선하고 남녀 모두가 가정과 직장생활을 양립할 수 있는 근로방식, 법적?사회적 지원조치를 마련하여야하며, 그 구체적 실현방안으로 근로시간의 단축, 남녀고용평등법의 실효성 확보, 잠정적인 여성우대조치, 모성보호확대, 육아 및 가정생활 지원 등을 내용으로 하는 여성근로정책이 수립되어야 한다. 또한 신노사관계를 정립함에 있어서 여성고용의 전 과정에 평등조치를 규정하고 있는 남녀고용평등법, 고용보험법, 영유아보육법 등 근로여성보호규정의 개정을 통한 종합적인 여성근로정책을 제시해야 한다. 여성근로정책은 대체로 여성근로자의 특별보호단계, 여성보호와 남녀평등정책의 공존단계, 남녀평등 실현을 위한 국가와 사회의 지원조치강화단계, 즉 남녀가 가정과 직장생활을 양립할 수 있도록 하는 근로방식을 마련해가는 단계로 발전하고 있다. 따라서 이러한 흐름에 따라 여성근로자 보호관련 법은 다음의 기준 아래에 정비되어 가야 한다. 첫째, 노동시장에서의 여성차별의 근본원인은 ‘성별역할분담’에 있으므로 성차별적 법·제도와 사회구조를 개혁하고 여성고용차별을 철폐하여 여성의 근로권과 평등권을 보장하여야 하며, 이러한 근로권과 평등권을 보장받기위해서는 위법한 성차별의 판단기준과 구체적인 차별 유형을 제시하고 남녀고용평등을 촉진하기 위한 점검과 남녀고용평등 실현계획의 수립요령과 노사의 남녀평등실현을 위한 행동준칙 등을 포함한 지침을 마련하는 것이 필요한다. 둘째, 여성의 임신, 수유, 생리 등의 모성보호기능은 절대적으로 보호되어야 하며, 그 비용은 사회, 기업이 사회보장차원에서 공동 부담하여야 한다. 셋째, 여성보호는 각 국의 여건에 맞게 완화, 폐지, 연장 또는 남녀 공동적용하되, 여성의 근로조건이나 근로환경에 악영향을 미쳐서는 안 되며 자녀양육은 남녀, 사회, 국가가 함께 책임질 수 있는 근로조건을 마련하여야 한다. 넷째, 여성발전기본법과 남녀차별금지및구제에관한법률의 제정으로 여성정책의 근거법이 생겼으므로 이에 근거하여 국가와 지방자치단체는 모든 분야의 차별철폐와 평등실현을 이루기 위한 다양한 입법조치를 발전시켜야 하는 법적 의무를 갖게 되었다. 또한 21세기의 세기적 변화 속에 진행되고 있는 세계화는 세계경제질서를 새롭게 형성하면서 여성들에게 많은 기회와 위기를 함께 가져오고 있다. 이러한 변화가 여성에게 미치는 효과와 영향을 검토, 연구하여 새로운 차별에 대응하고 여성의 권리와 지위를 발전적으로 확대하고 여성의 공정한 참여가 보장되도록 하며, 모든 변화과정의 정책결정에서 여성의 관점과 성인지적 관점이 포함될 수 있도록 하는 입법적 노력이 필요하다. 마지막으로 비정규직 근로자의 증가문제이다. 여성근로자 10명 중 7명이 비정규직으로 근무하고 있고, 전체 비정규직 근로자 중 여성의 비율은 절반 이상으로, 비정규직 고용형태는 여성 중심으로 확산되고 있으며 비정규직 여성근로자는 노동시장에서 성별과 고용형태로 2중의 차별을 받아 임금 근속기간 등 제반 근로조건이 매우 열악하며, 사회보험·모성보호 등 복지혜택의 적용률도 평균 20%대로 정규직 근로자와 비교하여 상당히 낮은 것으로 나타났다. 이에 정부는 비정규직 보호법안을 2004년 9월 11일 입법예고하였다. 그런데 이 법안은 비정규직 근로자를 확산시키는 법안이라는 비판이 제기되고 있다. 따라서 비정규직 보호법안을 철회하고 노동계와 협의하여 해결하여야 할 것이다. 심각한 비정규근로자 문제 해결을 위해서는 무분별하게 확산되고 있는 비정규직 사용의 억제와, 부당한 차별의 철폐, 권리보장의 방향으로 법안이 추진되어야 한다. 비정규직 문제에서 가장 핵심적인 문제는 존재자체가 고용 불안정성을 가지고 있는 비정규직의 무분별한 확산의 문제이다. 기업측은 비정규직을 고용할만한 객관적이고 합리적인 경우에만 고용하는 것이 아니라, 인건비 삭감 해고용이 법률상 사용자책임 회피를 목적으로 비정규직을 무분별하게 확산시키고 있다. 따라서 비정규직 고용을 엄격하게 제한해야 한다. 이를 위해서는 '상시적으로 필요한 업무'는 정규직으로 고용하고, 객관적이고 합리적인 이유가 있을 경우에만 비정규직을 사용하도록 제한해야 한다. 또한 위약한 노동환경에서 근로하는 비정규직 여성근로자를 보호하기 위해, 비정규직과 정규직의 균등대우원칙 명시를 통한 노동기본권보장, 비정규직의 정규직 전환제도의 마련, 비정규직 여성노동자 스스로를 보호할 수 있는 조직화, 여성근로자가 직장과 가정을 양립할 수 있는 사회적 지원체계 마련, 여성근로자의 정규직 채용에 있어 성차별 근절, 특수고용직 근로자에 대한 근로자성 인정, 근로감독 강화를 통한 법·제도의 실효성제고, 성인지적 관점에서의 비정규직 노동 관련 실태조사를 함으로써 비정규직 여성근로자의 노동환경을 변화시킬 수 있도록 노력해야 할 것이다. 법을 제정·시행하고 있다는 것만으로 그 법이 목적하는 바가 이루어지는 것은 아니다. 그 법이 어떻게 국민에게 인식되고 있으며 어떻게 그 법이 효과적으로 적용·집행되는지에 달려있다고 생각한다.

轉職에 의한 勤勞關係에 관한 硏究

이호재 창원대학교 노동대학원 2007 국내석사

It is highly possible that a transfer brings employees disadvantages in their life. In order to cope with rapidly changing business environment, corporations use the transfer system as a means of active utilization of their personnel. In Korea, Article 30 1 of the Labor Standards Act provides that employers cannot transfer their employees without good reason. This is to prevent disadvantages in employees’ life coming from unjust transfers. However, in order to judge the justness of transfers, we need more systematic and consistent legal principles. As the system is not understood properly not only by employers but also by employees, it tends to be regarded as employers’ discretionary power. This is also the case in judgments by the Supreme Court of Korea. The concept of transfer can be defined as “any change by the employer in the contents of labor relation such as the type of labor, place and the opposite who receives the labor service.” This assumes the continuity of labor relation, and the change is not temporary but continues long enough to affect the employee’s life. “The existence of a good reason” for a transfer as provided in Article 301 of the Labor Standards Act is the legal ground of regulating transfers and judging the justness of transfers. Based on the labor contract theory assuming that the legal ground of a transfer is in the labor contract, a transfer should be grounded on the contract parties’ intention in principle. Accordingly, if such a ground is not found or the transfer results in a material change in the contents of the labor contract, the transfer must get the employee’s personal consent (agreement). In addition, if the parties of the labor contract are changed without any prior agreement on the transfer, the employer’s right to order a transfer cannot be acknowledged and the employee’s consent is required. Moreover, employees’ misuse of veto needs to be regulated. In judging the justness of transfers, precedent cases have emphasized employers’ need in doing business and overlooked employees’ disadvantages, and comparison between the two parties and judgments have been increasingly favorable to employers’ need. Considering these trends, it is necessary to change the basic attitude so that the two parties are put on the equal footing and all factors are examined comprehensively. In addition, employees’ disadvantages should not be limited to economic and immediate disadvantages, but attention should be paid to mental and future disadvantages and employers should take active measures to compensate employees for their disadvantages. Then, the justness of transfers can be acknowledged more widely. Assuming that the transfer is just, because a transfer (transferout and decruitment) involves the company before the transfer (the former company) and that after the transfer (the present company), it is a question which employer will assume the responsibility. In case of transferout, if the employers’ liabilities and rights are divided by agreement between the former company and the present company, judgment will be made based on the agreement. However, if there is not such an agreement, judgment should be made according to the objective and purpose of the corresponding transfer, the rules of employment, regulations on transferout in the collective agreement, etc. In case of decruitment, labor relation with the former company is terminated, and new labor relation begins with the present company. Thus, in principle, only the present company is the employer under laws on individuals’ labor relation, under the labor contract, and under the collective labormanagement relation. However, in settling the retirement allowance, if the decruitment is not by the corresponding employee’s need or hope but by a cause attributable to the company (management policy, restructuring, etc.) and as long as there is no special clause that the length of service shall not be aggregated, the length of service before and after the decruitment should be the base of the settlement so that the employee does not suffer any loss. Discussions on transferout and decruitment in Korea have been so far focused on laws on individuals’ labor relation, and the collective labormanagement relation has been neglected in general. In case of decruitment, the labor relation with the former company is terminated, and only the present company is the employer. Thus, concerning collective labormanagement relation, the former company cannot be a problem. However, in case of transferout, the employee works for the present company for a long time while he/she keeps the status as an employee of the former company. Thus, the employee has two employers in the collective labormanagement relation. Particularly when each company has its own labor union, the corresponding transfer out employee can have problems related to qualification for being a union member, the application of collective bargaining and collective agreements, and union activities. If employees transferred out for a reason related to management are excluded from the labor union of the former company, it is denying the legal possibility of protecting the right of the union members. If either of the former company or the present company affects the transferout employees’ working condition, the company is liable for collective bargaining with its corresponding labor union. Collective agreements between the present company and its labor union should be interpreted to be applicable to transferout employees based on the general binding force of collective agreements. If transferout union members are not allowed to participate in union activities, they are forced to give up their basic rights for achieving the goals of the labor union and, consequently, this is considered the employer’s control or intervention. The transfer system is necessary for the efficient utilization of human resources and business operation. However, if employees considered it a disadvantage to them, they will not want it and the system is likely to cause many conflicts between employers and employees. Therefore, in order to activate the transfer system, legal principles on transfers and related labor relation should be established and employers should exert active efforts to remove disadvantages to transferred employees.

勞動委員會制度의 活性化를 위한 法的 改善方案

최성호 창원대학교 노동대학원 2007 국내석사

The ultimate goals for this thesis are to analyze the present status of labor dispute, and to bring up the problems stemmed from the labor disputes, finally to make alternative measures. Particularly, the reform measures of the mediation and adjudication systems regarding as the major roles of Labor Relations Commission which is composed of tripartite representatives: public interests, workers, and employers. First of all, the thesis will briefly inform not only the meaning and characteristics of Labor Relations Commission as a quasi-judicial, independent and collegiate governmental body, but also the organization and the members of both National Relations Commission (NLRC), which is the headquarter of LRC system, and the twelve Regional Labor Relations Commissions (RLRCs). In addition, it will show the four jurisdictional rights of Labor Relations Commission: adjudication, mediation, special, and jurisdiction. Especially, the most important function of the RLC, the adjudication, will be examined according to the Labor Standard Act, Labor Union Law, and Labor Relation Mediation Law. Secondly, the problems of the RLC and its reform measures will be discussed. In order for these issues, after investigating why the LRC cannot play its own roles, and what the structural problems are, the weak points and the remedies of the arbitration system will be discussed, focusing on the time, the target, the validity, the procedure of the reform measures, and so on. Besides, it will give priority to find the methods to secure the validity of adjudication for remedies against unfair labor practice as well as unfair dismissal. Lastly, the discussion will be moved to introducing Labor Court which could be the fundamental solutions of labor disputes. In order to institute the Labor Court, through building the relationship between the LRC and the Labor Court, the operations of both parties will be discussed in advance, and then the specific goals of introducing the Labor Court will be studied. Next, to prevent the problematic occurrences, might happened with the birth of the Labor Court, the studies about the level of independence, the composition, the jurisdiction, and the improving legal procedure of justice will be followed. Based on these, finally, the proper plan for instituting the Labor Court could be indicated.

교육부문 비정규직 노동자에 관한 연구 : 초·중등학교 기간제교사를 중심으로

최정윤 창원대학교 노동대학원 2003 국내석사

The softening policy of labor market has accelerated together with globalization and a neoliberalism policy, and as planned layoffs and mass unemployment occur due to 1997 IMF relief loan, irregular employment has enlarged. The extension of contracted employment also applied to an educational field. As the interests between and among the government, the educational office of a city/province, and a private school accord on account of the consistent teachers management softening policy during the period from Kim Young-sam Government to Kim Dae-jung Government and the execution of the 7th educational course in 2000, the number of regular teachers began to reduce and instead that of irregular teachers such as contracted teachers and hourly teachers began to increase. By doing this, irregular employment due to reduced labor expenses and labor control effects has established as a pattern for appointing a teacher, and in case of a private school, the ratio of irregular teachers reaches about 20% according to existing practices and with reason for appointing a teacher not clear. So to speak, the number of regular teachers substituted by irregular teachers seriously is increasing day by day. The actual condition of irregular teachers working at an elementary and secondary school is as follows. First, they are preparing for a teacher appointment test to work as a regular teacher. Different from irregular workers of other industrial field, they regard an irregular experience as a kind of bridge not trap. Second, in case of a private school, there actually exists a difference according to agenda and a private foundation makes ill use of the unstable social position and there exists the discrimination against a woman in such process. Third, the career of contracted teachers is partially recognized, but, in case of hourly teachers, their career in other type of occupation are partially recognized but their career as hourly teacher is not recognized. It is also important to improve discrimination from the viewpoint of wages or various welfare benefits as long as they work, but the career which they have accumulated should be recognized even when they become a regular teachers, which will be one method to prevent the preference to irregular teachers of a private foundation. Fourth, in case of hourly teachers, they give a lecture for the fixed school hours, so they are paid wages by hourly payment system. There is no difference between regular teachers and contracted teachers in wages, and working hours. However, from the moment when making a contract with a manager of a school, irregular teachers are forced to sign an unfair contract. Most of the contract do not guarantee even the basic right(retirement grants, prior notice at the time of retirement, making a contract, etc.) mentioned in the Labor Standard Act. Fifth, since hourly teachers are treated as daily workers who are not eligible for a civil servant, so they can't receive the benefits related to welfare. Four basic insurance does not apply to them and they are handled as local subscribers in application of National pension and Health insurance. Contracted teachers receive most of social welfare but a contract whose term is less than a year is made, so they are different from regular teachers in that retirement allowance and annual allowance do not apply to them. Like this, irregular workers of an education field are in a position to educate students according to their conviction on account of unsteady employment and treatment under labor conditions. So, there are many problems in the increase of contracted or hourly teachers from the viewpoint of teacher's speciality and student's education. To inquire into the policy of the government and a teachers group, etc. with regard to increase of irregular teachers, the government's policy brought about the considerable shortage in the number of elementary school teachers until 2005, phenomenon of the rich growing richer and the poor growing poorer in a city, and extra supply of secondary school teachers so that lots of persons who have a qualification for a teacher wait for an opportunity to become a teacher. Under the 2001 government policy toward contracted teachers, the vacation period was excluded from the employment period and wages were not paid during that period, resulting in lack of solidarity and reduction of morale. Also, they were excluded from ordinary school affairs such as being in charge of a class and living instruction. As a result the business of regular teachers increased, causing discontent and discord of regular teachers. In a new contracted teachers system improvement guide in July 2003, there was relative improved contents compared with the 2001 policy. The major contents include matters related to improvement of not paying wages, annual leave, unreasonable upper limit salary step and not paying retirement allowance(at the time of one year contract, except March 1), etc. Like this, the government treatment to contracted teachers is being improved day by day, but if the number of extra teachers does not decrease and a neoliberalism teacher policy continues, irregular teachers will increase more and more. Unless the government can devise a basic countermeasure to prevent contracted teachers from increasing, the problems of irregular workers can not be solved, and thus the demand of contracted teachers will continue. Second, Korea Federation of Teacher's Associations's policy toward contracted teachers does not focus on the problems of contracted teachers and matters related to contracted teachers are partially referred in the process of discussing the policy on shortening teacher's retirement age and teacher's legal regular personnel. That is, the policy means that it is necessary to control the appointment of contracted teachers only for security of retirement age and legal regular personnel of regular teachers. Third, in case of Koran Teachers & Educational Worker's Union and National Teachers & Educational Worker's Union, there is no distinct movements for independently organizing a labor union by contracted or hourly teachers. But, the two teachers' unions try to accept irregular teachers as their respective members under the judgment that increasing contracted teachers and hourly lecturers may lower the treatment itself of the total teachers. But, there seem to be distinct results. With regard to contracted teachers working under the same conditions, the two teachers' unions also try to admit them into their respective unions and to do that, Koran Teachers & Educational Worker's Union investigated an actual condition of contracted teachers in 2002. There is no legal problem in organizing irregular workers of an educational field into a labor union above mentioned. Nevertheless, the low organization rate is caused by uneasiness according to joining a labor union, recognition of temporary employment, lack of the necessity for a labor union and the insufficient efforts of an existing labor union. It is actually unreasonable to organize irregular teachers under the condition in which irregular teachers work temporarily and the two teachers's unions do not have any distinct plan on irregular teachers. But the problems of irregular workers is not only those of their own, but are related to the situation of regular workers. And if the problems of irregular teachers are left as they are until they can solve such problems for themselves, such problems will not be easily settled. Especially, in case of a private foundation, it gradually increases the employment of irregular workers to making a profit by reducing personal expenses with thoughts without knowing the fact that it is in charge of the public education of our country. Therefore, the two teachers' union must continue to try to reveal the discrimination elements against irregular teachers, and the actual condition of an unfair treatment to and an unfair utilization of irregular teachers in a private school. Furthermore, an institutional method should be prepared to solve the actual problems that a private school tends to employ an irregular teacher instead of a regular one. Since the government's teachers demand and supply policy is dependent only upon an appointment test, evil practices related to extra teachers and contracted teachers. It is needed to strongly control irregular teachers by recognizing irregular career and limiting contracted reason in case of irregular teachers likewise in other industrial field. Also, the discrimination against irregular teachers must be removed by specifying the principle of "the same wages on the same labor", and in case when an irregular teacher is in charge of permanent business like contracted teachers, an institutional device to be able to convert the irregular worker to a regular worker must be made.

민영화와 노사관계 : 한국중공업의 사례를 중심으로

임동선 창원대학교 노동대학원 2003 국내석사

This research, industrial relations of the Hanjung Heavy Industries after the privatization is completed got worse, that it is the purpose of the research to look into what the factor of such industrial relations deterioration is. It could know the possibility of facts as follows through this. First, It could know the fact that it was transferred a superior public enterprise to support the economic growth of Korea to private monopoly capital and foreign capital in low price by the privatization policy of Kim Dae Jung government. In a public enterprise operation, Kim Dae Jung government, that it was improving the efficiency to introduce a commercialism management strategy, and then after improving the disposal value through this, and ultimately it was placing under private management the public enterprise to the last purpose. Second, the strategy of company side after the privatization, that it has a command of a trade union evasion strategy and an individual worker divided rule strategy. Doosan capital after the privatization, that it could know the fact that it mobilized all method of new labor and management culture triangular position plan, the placation activity guidebook, the compensation for the damage, the provisional attachment requisition, the enlargement of the member of labor management department, and so on, and have had the labor suppression. Such this thing, that it could show the one side of Doosan capital having a premodern view of the trade union. Third, it could know the fact that the power of the trade union much weakened after the privatization. The trade union system rate of the Hanjung Heavy Industries, that it is 66.8% at 2001, 56.7% at 2002, 47.3% at 2003 first half of the year, it could know the fact that the system rate of the trade union is depreciating continuously. The depreciation of such this trade union system, that it is show the result of the frequent strike that it passed by the privatization in the mean time and happened with the result of trade union destruction operation of Doosan. Forth, it could know the fact that field powers of the Hanjung Heavy Industries trade labor also it was weakened. Currently field powers of the Hanjung Heavy Industries with a past differently, that systematic concentration power or level of inside resolution is falling plentifully, and it could know the actual condition that the system power is weakened remarkably caused by field powers grasp strategy of company side, the fatigue feeling increase from the frequent strike, and so on. As it looks into trade relations after the privatization of the Hanjung Heavy Industries, it can find the suggestion point as follows. First, it is a security of new industrial relations system. It suggests that it is necessity with the effort of labor and management and a special preparation for the rational industrial relations construction following the privatization to accomplish successfully the privatization of a public enterprise. Second, it is the problem solution through the compromise with the conversation. Industrial relations of the Hanjung Heavy Industries after the privatization led to opposition with the ability confrontation of fights of the trade union, discipline of the company, accusation prosecution, and so on, than the solution through the negotiation. From such point it suggests the importance of the problem solution through the compromise with the conversation in industrial relations. Third, it is a necessity of policy ability extension of the trade union. In spite of it was changed into the private enterprise, the struggle strategy of the trade union about this was composed of existing method of the struggle wholly devoted to one side, and then it operated with one cause of labor and management discord. Forth, it is a raising necessity of government privatization policy. New liberalism and work exclusion privatization like present time summoned the deterioration of industrial relations like the Hanjung Heavy Industries. The deterioration of such these industrial relations, that it can say the fact that it is far distance with the improvement of the efficiency to be talked by the advocate of the privatization. Fifth, it will need to clean a community complication of the trade union. Such community complication relation drops the power of the struggle in the activity of trade union. Consequently, for it stands against Doosan capital and fights, it will need to clean a community complication and to gather the power of the struggle.

複數勞組의 團體交涉에 관한 硏究

趙始衡 昌原大學校 勞動大學院 2005 국내석사

The right to collective bargaining is specified in Art. 33 in Korean Constitution. Though the principles concerning the collective bargaining is prescribed in clause 3, the process of the collective bargaining is not specified in detail. The provision on unfair labor practice prescribes the employer's rejection of collective bargaining or non claim as the unfair labor practice. This makes it the employers' the duty to accept the collective bargaining. The existing labor act originally prohibited the multiple unions in a work place by Dec. 31, 2001 specifying in clause 1, Art. 5 in a supplementary provision of Labor Act that when a union is organized in a work place, organizing another union which will have the same union member is not permitted until Dec. 31, 2001, and clause 2 prescribes that the minister should not permit the establishment of a union in case clause 1 is violated. But the labor act was amended to delay the permission of the dual union until Dec. 31, 2006 because they fail to organize the single working delegate. When there are dual unions in a work place, each union will have its own right to bargain collectively, and to strike. So, a worker will have a different working condition from that of other workers who are engaged in the different union. This is a direct contradiction to the principle of the Labor Act: equal pay for equal work. On the other hand, the single working delegate with the multiple unions will virtually bar the existence and operation of the multiple unions. Furthermore, the employer will have difficulty in choosing the working delegate to bargain collectively. The purpose of this study is to study the legal principles concerning the collective bargaining, to suggest a reasonable model for the collective bargaining under the multiple unions which will be allowed in Jan. 1, 2007. The approval of the multiple unions will allow the workers to establish freely a union and to choose whichever union they want. However, that will lead to the spilt of workers by letting them to be members of a different union. The conflict between the members of different unions will grow bigger when workers are in different working conditions. It is the aim of this study to suggest a new collective bargaining system that will settle the conflict and the problems. The study consists of the followings. In introductory chapter, the purpose and the scope of this study is specified. The second chapter reviews the concept and the background of the multiple unions, the significance, types, and process of the collective bargaining. In chapter 3, as a literal study, the legal cases regarding the collective bargaining of U.k., Germany, France, U.S., Japan is reviewed. The features of each country's relation between labor and management are studied. The types of unions of countries and the processes of countries are compared. In 4th chapter, the problems of the collective bargaining in the multiple unions system are studied, and the solutions are suggested. In addition, a reasonable bargaining model under the multiple unions system is discussed. The summary and the conclusion are in chapter 5.

團體協約에 의한 勤勞條件의 變更에 관한 硏究

구상조 창원대학교 노동대학원 2007 국내석사

Under the structure of the Labor Law in Korea, collective labor conditions have been changed through the change of collective agreements or employment rules, and individual labor conditions through the employers’ exercise of their directional authority. With the recent amendment of labor relation laws, now it is possible to introduce various working hour system through written agreement with employees’ representatives, and resolutions can be made in labor―management conference. These changes raise the question of whether it is possible to change labor conditions. The labor condition change system aims at the flexibility of management as well as individual workers’ benefits while maintaining the long―term employment system and employment under labor―management relation at individual companies. That is, the legal principle of change in labor conditions is a method of labor condition adjustment with emphasis on functional flexibility. From the viewpoint of the labor market, policies to cope with economic fluctuation can be divided largely into the method of adjustment by the function of the external labor market and the method of adjustment by the function of the internal labor market. In terms of flexibility, the adjustment system by the function of the external labor market is an employment system characterized by ‘numerical flexibility.’ In addition, such an employment system is not supported by solid legal principles concerning how labor conditions are changed while maintaining employment and how changed labor conditions exercise their binding force on workers who oppose the change. On the contrary, the employment systems in Korea and Japan are typical models of internal labor market, and these systems are supported by legal principles prohibiting dismissal without a good reason and the misuse of the right to dismiss and legal principles related to disadvantageous changes in employment rules. As the employment system guaranteeing internal labor attaches the greatest importance to the maintenance of employment, its employment level adjustment cannot be directly compared with that in external labor markets. However, in order to compensate for this point, flexible changes in labor conditions have been admitted. In this sense, such an employment system can be considered a system with high ‘functional flexibility.’ The present study examined the legal characteristics of each method of labor condition change in Korea, which adopt the employment system as above, how labor conditions are dealt with collectively and how they are coordinated legally with contract theories, and how the limits of disadvantageous changes are. In discussion on labor condition changes by collective agreements, we analyzed whether normative effects are acknowledged in the provisions of collective agreements changed disadvantageously, namely, whether the advantage principle is acknowledged. Study on this requires the review of the legal nature of collective agreements and the ground, objects and contents of normative effect in each company’s agreements. In addition, the limitation of agreement autonomy was examined, and the acknowledgement of the advantage principle in Korean situation was discussed. What is more, the theory of boundary demarcation of change was examined, and then with regard to the effect of specific changes in individual contents, we analyzed the limitation of such changes, dividing the changes into changes in the conditions on employees’ status, in the conditions on the contents of labor, in other labor conditions, and in the effect extension system of collective agreements and labor conditions. Lastly, with regard to collective legal issues resulting from the transfer of business and the succession of the labor union, we discussed how these issues should be understood in connection to the provision prohibiting multiple labor unions in Korea, the succession of collective agreements, etc.

신노사 조직문화에 관한 연구 : 창원특수강(주) 사례를 중심으로

정현동 창원대학교 노동대학원 2003 국내석사

21세기의 기업경쟁력은 바로 사람이다. 고전에도 나를 알고 적을 알면 백전백승이다라는 명언이 있다. 반대로 그 뜻을 음미하면 나를 모르고 적도 모르면 백전백패다라는 의미이다. 이 말은 사람의 이해가 그 만큼 중요하다는 것을 뜻한다. 지금과 같은 글로벌시장경쟁체제하에서는 과거의 로컬 방식으로는 기업의 생존뿐만 아니라 경쟁력도 확보할 수 없을 것이므로 글로벌 스탠더드에 따른 인간존중의 경영혁신 전략이 절대적으로 필요하다. 특히 21세기 미래 노사 조직문화를 참여와 협력적 노사관계로 정착시키기 위해서는 근로자의 다양한 욕구와 가치관에 대한 올바른 이해가 무엇보다 필요하다. 즉, 최고경영자는 어떤 어려운 상황에서도 자신의 자녀를 올바로 키우기 위해 깊은 애정을 가지고 인격체로 존중하여 대하듯이 우리나라 노조 및 근로자의 의식, 사고, 그리고 행동양식에 있어 문제가 있더라도 근로자들을 인격체로 존중하려는 자세가 필요하다. 우리나라 기업들 중 근로자 태도조사를 통해 유리처럼 투명하게 근로자의 욕구와 가치관을 제대로 이해하고 있는 기업들은 노사갈등, 노사분규 등 대립적 노사관계의 현상을 거의 찾아볼 수 없다. 향후 기업들이 우수한 인재를 유인 및 확보하기 위해서는 근로자의 욕구 및 가치관을 파악하여 미래기업의 가치관을 명확하게 정립해야할 것이다(노동부, 2000:92). 기업은 살아있는 생명체와 같다. 급변하는 기업환경의 변화속에서 유지하고 발전하기 위해서는 정체하지 않고 매일 한걸음씩 전진하는 것이 매우 중요하다. 창원특수강은 창립후 어려움이 닥칠 때마다 선진기업 으로부터 벤치마킹을 통해 그 충격을 완화해 왔으며, 훌륭하게 자신들의 것으로 소화해 냈다. 위기를 기회로 만들고 역경을 극복해 낸 저력을 가짐으로써 조기 경영정상화가 가능했으며, 신뢰와 화합으로 달성한 새로운 노사조직문화와 전임직원의 변하고자 하는 의지가 건전한 조직 문화로 나타나게 된 것이다. 창원특수강은 기업경쟁력의 원천이 사람과 기술력이라고 믿고 있었다. 그러기에 인적자원과 기술력을 향상시키고 이를 기반으로 하여 경영위기를 극복 함으로써 영속기업으로 존속하고 발전한다는 공동의 목표를 가지고 있었다. 목표달성을 위해 적극적으로 동참하고 서로간의 협력을 통하여 외환위기를 극복 해 왔으며, 품질향상, 원가절감, 자주관리 활동, 설비관리 등 모든 분야에 걸친 미세관리를 통해 흑자부상의 기반을 만들어 왔던 것이다. 창원특수강 직원들은 회사의 장기비전을 설정하고 중기 경영정상화 추진계획을 수립하고, 부문별로 업무 프로세스를 효율화하고, 수익성을 고려한 최적 세일즈-믹스 달성, 인간존중과 상호 신뢰의 생산적 노사 노직문화 정착, 판매.생산 및 전 부문에 걸쳐 총 603개 항목의 수익성개선 시책을 달성하여 자립경영을 이루고자 한 셀프(SELF)-20, 또 셀프(SELF)-20 을 구체화한 6대 프로젝트 수립 시행으로 마침내 창립 20개월 만에 꿈같은 흑자를 달성하였다. 이러한 흑자기반 조성에 힘입어 2000년 도에는 수출 2억불탑 수상, 산업자원부 부품소재 기술대상과 창원상공 회의소 노사 화합상 수상 등으로 수출 향상과 기술개발, 노사화합에 노력 하고 있다는 사실을 대외적으로 인정받기도 했다. 대내외 경영여건이 급변하고 있는 무한경쟁시대인 현실에서도 창원특수강 직원들은 뼈아픈 과거를 겪은 경험과 외환위기를 슬기롭게 극복한 저력을 되새기며, 노사간의 굳은 신뢰와 하고자 하는 의지를 바탕으로 안정적이고 영속적인 삶의 터전을 보존하고자 실패를 성공의 교훈으로 삼고 있다. 적자경영을 탈피하고 튼튼한 회사를 만들기 위해 전 부문에 걸쳐 수익성 개선 활동을 해 왔다. 직원들은 시키는 일만 하는 단순근로자가 아니라 머리로 생각하며 일하는 지식근로자가 되고자 노력했고, 상호 신뢰와 화합을 위해 작은 소리에도 귀 기울이는 열린경영을 실천해 왔다. 이렇게 노력한 결과 1998년 12월 들어 만 20개월도 되지 않은 짧은 기간에 처음 으로 흑자를 실현하였고, 현재까지 이어오고 있다. 이런 과정을 거치면서 창원특수강 직원 모두가 절실하게 느낀 것은 아무리 좋은 제도나 방법이 있더라도 구체적인 실천 방안에 의한 실천력이 없으면 아무것도 이룰 수 없다는 것이다. 인간존중문화, 투명경영 실천, 신노사 조직문화 구현, 지식근로자 육성, 참여와 협력 증대 등 미래의 생존전략으로서 가치를 창출하는 노사조직문화 정착을 위해 필수적인 지식들을 누구나 알고 있다. 하지만 문제는 이것을 정착시키기 위해 어떻게 행동으로 옮길 것인가가 향후 과제가 될 것이다. 우리가 알고 있는 지식은 너무나 방대하고 많은데 비하여 그것을 행동으로 옮기는 예는 그리 흔치 않다는 것이다. 즉, 무엇을 할 것 인가를 아는 것 만으로 충분하지 않고 왜 행동으로 옮기지 못하는가에 대한 원인을 분석하고 이를 극복해야 한다(박우순, 2002:7)는 것이다. 지난 5년동안 급박한 변화속에서 새로운 제도를 도입하여 이를 적용하고 꽃 피우기 위해 수많은 실천 방법을 강구하고, 행동으로 옮겨왔다. 앞으로도 알고 있는 지식(Knowing)을 더욱 더 체계적인 행동(Doing)으로 옮길 수 있는 방안을 모색하여, 현재의 수준에서 한단계 성숙된 21세기를 선도하는 신노사 조직문화 구현에 매진해야 할 것이다.