일본 노동조합법상의 근로자 개념-최고재판소 판례법리를 중심으로-

송강직 한국법제연구원 2011 법제연구 Vol.- No.41

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3. 본고는 新国立劇場運営財団事件 및 INAX메인트넌스(メンテナンス)事件에서의 일본 최고재판소의 판결을 소재로 하여 이른바 개인도급계약형식에 따라 노무제공을 한 자의 노동조합법상의 근로자성을 검토한 것이다. 일본 최고재판소의 판결에 관한 연구결과는 세 가지의 문제로 집약할 수 있을 것이다. 첫째, 근로자성을 인정한 결론에 있어서는 평가할만하다는 것이다. 특히 우리나라의 판례법리, 즉 독립된 계약자 형태의 노무제공에 대하여 지나치게 법적인 관점에서 파악함으로써 그 판단결과는 노무제공의 실태와는 괴리가 있다는 것이다. 근로기준법상의 근로자성 판단에서와 같이 노동관계법에서도 완화된 종속성 내지는 실태에 입각한 판단이 요청된다고 하겠다. 둘째, 노동조합법상의 근로자성 판단에 대한 일반법리가 전개되지 못하였다는 것이다. 종래의 CBC관현악단사건에서와 같은 종합적인 판단이라는 방법을 취함으로써 사례판단에 한정되어, 명확성 및 예측가능성이 결여되고 있다는 것이다. 둘째, 노동조합법 제3조의 근로자 개념과 동법 제7조 2호의 고용하는 근로자 등과의 단체교섭문제에 있어서 최고재판소는 이들 두 규정의 관계에 대하여 명확한 입장을 밝힌 바가 없다. 학설상 다수의 입장은 동 법 제3조의 근로자와 동 법 제7조 2호의 근로자는 전자가 넓은 의미로 보아야 하고, 후자는 자회사 근로자의 모회사와의 관계 등을 포함하여 일정한 고용관계가 형성되는 경우에는 부당노동행위의 구제신청과 관련하여 이를 인정할 수 있는 것으로 해석한다. 그럼에도 불구하고 최고재판소는 수급인 근로자들의 도급인에 대한 단체교섭권을 인정하고 있다는 것은 우리나라에 시사하는 바가 크다고 하겠다.

일본 직무발명제도에 대한 연구 - 직무발명 권리귀속과 직무발명 보상금 산정을 중심으로 -

이주환 한국법제연구원 2023 법제연구 Vol.- No.64

Japan adopts a ‘practical employerism’ for belonging of rights. This is to resolve legal instability in the belonging of rights that may arise due to the double assignment of employee's employee inventions. And the Japanese court has applied three methods to calculate employer’s profit which is one of the calculation factors of the compensation for employee invention, when the employer obtains a profit by using the invention. The first method is a method that multiplies ‘user sales’ by ‘hypothetical royalty rate’, the second method is a method that multiplies ‘user sales’ by ‘excess sales rate’ and ‘hypothetical royalty rate’, the third method is a method that multiplies ‘user sales’ by ‘excess sales rate’ and ‘user’s profit rate’. The third method is significant in that it allows a higher amount of compensation to be calculated than the second method. Currently, Republic of Korea adopts an ‘inventorism’ for the belonging of rights to employee inventions and has a procedure for employers to assign the right to obtain a patent for an employee invention from employees. There is a possibility that a problem may arise in which employers cannot obtain a patent right for employee inventions. As an alternative to this, Korea may consider adopting 'substantial employerism' for the belonging of rights to employee inventions. If the Korea will change the principle on the belonging of the rights in favor of the employer, it is necessary to adopt the principle for calculating compensation in favor of the employee, by introducing the third method. This is in line with the purpose of the employee invention system, which aims to promote Korean industrial development by reconciling the interests of employers and employees. 일본 특허법은 사용자와 종업원이 사전승계약정을 체결한 경우에, 당해 직무발명에 대한 특허를 받을 수 있는 권리는 직무발명이 완성된 시점에 사용자에게 귀속된다고 규정함으로써, 직무발명의 권리귀속에 대하여 ‘실질적인 사용자주의’를 채택하고 있다. 이는 종업원의 직무발명의 이중양도로 인하여 발생할 수 있는 직무발명 권리귀속에 대한 법적 불안정성을 해소하기 위한 것이다. 그리고 일본법원은 사용자가 직무발명을 실시하여 이익을 획득할 경우, 직무발명 보상금의 산정요소의 하나인 ‘사용자가 얻을 이익’을 산정하기 위하여 세 가지 방법을 적용하여 왔다. 첫 번째 산정방법은 종래의 방법으로 ‘사용자의 매출액’에 ‘가상의 실시료율’을 곱하는 방법이고, 두 번째 산정방법은 현재 보편적으로 적용되고 있는 방법으로, ‘사용자의 매출액’에 ‘초과매출률’과 ‘가상의 실시료율’을 곱하는 방법이며, 세 번째 산정방법은 최근 새롭게 적용되고 있는 방법으로 ‘사용자의 매출액’에 ‘초과매출률’과 ‘사용자의 이익률’을 곱하는 방법이다. 세 번째 산정방법은 두 번째 산정방법보다 고액의 직무발명 보상금이 산정될 수 있도록 한다는 점에서 의의가 있다. 현재 우리나라는 직무발명 권리귀속 법리에 대하여 발명자주의를 취하고 있고, 사용자가 종업원으로부터 직무발명에 대한 특허를 받을 수 있는 권리를 승계를 받을 수 있는 절차를 둠으로써, 종업원의 직무발명 이중양도로 인하여 사용자가 직무발명에 대한 특허권을 취득할 수 없는 문제점이 발생할 우려가 존재한다. 이에 대한 대안으로 우리나라는 직무발명 권리귀속 법리에 대하여 일본식의 ‘실질적인 사용자주의’를 채택하는 방법을 고려할 수 있다. 만일 직무발명 권리귀속 법리를 사용자에게 유리하게 변경하였다면, 일본법원이 적용하고 있는 세 번째 산정방법을 도입함으로써, 종업원에게 유리한 직무발명 보상금 산정 법리를 채택할 필요가 있다. 이는 직무발명을 둘러싼 사용자와 종업원의 이해관계를 조정하고, 종업원의 발명에 대한 창작의욕을 증진시킴으로써 산업발전을 도모한다는 직무발명제도의 취지에 부합한다.

직무발명보상금의 산정과 재판례 분석 -2011~2020년간 제1, 2심 판례 분석

이지영 사법발전재단 2021 사법 Vol.1 No.56

종업원의 직무발명을 승계한 사용자는 종업원에게 특허법, 발명진흥법의 규정에 따라 직무발명을 이용하여 얻은 이익 중 일부를 지급할 의무를 부담한다. 2000년대 이후 직무발명보상금 청구소송이 지식재산 관련 소송의 한 형태로 자리 잡았지만 특허 등의 등록무효소송, 지식재산권 침해를 원인으로 하는 손해배상청구 소송에 비해 그 비중이 크지 않고, 법원의 직무발명보상금 산정 실무에 대해 여러 가지 비판이 제기되고 있는 실정이다. 그중 대표적인 비판은, 법원의 보상금 산정 기준이 명확하지 않고, 보상금 산정에 지나치게 구체적이고 사후적으로 개입함으로써 기업운영의 안정성을 저해하며, 종업원 친화적인 태도를 보여주고 있고, 가상의 실시료율, 독점권 기여율, 직무발명의 기여도, 발명자의 공헌도를 산정함에 있어 고려하는 요소들이 동일하거나 유사하여 중복 적용되고 있다는 것이다. 이 글에서는 직무발명보상금의 구체적 산정 기준 중 가상의 실시료율, 독점권 기여율, 직무발명의 기여도, 발명자의 공헌도를 중심으로 학계와 업계의 주요 비판을 살펴보고, 지난 10년간 선고된 직무발명보상에 관한 제1, 2심 재판례를 분석하여 위 비판들이 타당한지 살펴보았다. 검토 결과 직무발명보상금 관련 소송을 담당하는 제1, 2심 법원에서는 학설과 판례 등을 통해 어느 정도 확립된 계산식을 적용하되, 사건별로 현출된 증거에 따른 구체적 사정 등을 감안하고 있는 것으로 확인되었다. 따라서 ‘법원의 보상금 산정 기준이 명확하지 않고, 종업원 친화적인 태도를 보여주고 있으며, 법원이 보상금 산정에 지나치게 구체적이고 사후적으로 개입함으로써 기업운영의 안정성을 저해한다.’는 취지의 비판은 다소 과도하거나 법원 실무에 대한 오해에서 비롯된 것이 아닌가 추측해 본다. 다만 해당 직무발명이 완성품의 매출액이나 직무발명의 양도액에 미친 영향을 기준으로 보상금을 산정해야 하는 점에서 직무발명의 기여도는 독립 산정 항목(편의상 가상의 실시료율, 독점권 기여율, 발명자의 공헌도, 직무발명의 기여도를 ‘독립 산정 항목’으로 부른다)으로 반영해야 하므로, 직무발명의 기여도를 반영하는지 여부가 명확하지 않고 반영 방식에 일관성이 없다는 지적은 정당하고, 직무발명보상 관련 소송실무에 즉시 반영해야 할 것이다. 또한 ‘가상의 실시료율, 독점권 기여율, 직무발명의 기여도, 발명자의 공헌도를 산정함에 있어 고려하는 요소들이 중복된다.’는 비판은 타당한 것으로 판단되어 지난 10년간 선고된 제1, 2심 판결에 나타난 고려 요소들을 종합하여 각 항목별로 분류하고, 가상의 실시료율, 독점권 기여율, 직무발명의 기여도, 발명자의 공헌도 산정을 함에 있어서 중점적으로 고려할 요소들을 분류하였다. 향후 직무발명보상금 관련한 재판실무에서 위와 같이 분류된 요소들을 중심으로 심리를 진행함으로써 구체적 타당성이 반영된 보다 설득력 있는 판결을 도출하는 등 직무발명보상금 관련 소송심리의 개선에 필요한 자료를 제공하기를 희망한다. The employer who succeeds to an employee’s invention is obligated to pay some of the profits obtained from the employee’s invention to the employee in accordance with the provisions of the Patent Act and the Invention Promotion Act. Since the 2000s, lawsuits for claiming compensation for employee’s invention have been established as a form of lawsuits related to intellectual property, but their number is not large compared to the number of lawsuits for claims for damages caused by infringement of intellectual property rights and revocation of IP rights, etc. Various criticisms have been raised against the assessment methods having been used by the courts to calculate employee invention compensation. Some of them are as follows: the criteria for calculating the compensation amount of the court are not clear, and the factors considered when calculating “the hypothetical royalty rate, the contribution rate of exclusivity, the invention’s contribution ratio, and the inventor’s dedication ratio” are the same or similar, and are applied overlapping. It shows that the court interferes with the stability of business operation by intervening excessively in detail on calculating the compensation for an employee’s invention. This article examines major criticisms from academia and industry focusing on “the hypothetical royalty rate, the contribution rate of exclusivity, the invention’s contribution ratio and the inventor’s dedication ratio” of the assessment method of employee invention compensation and analyzes the first and second instance judgements on compensation for employee’s invention for the past 10 years. The above criticisms were practically reviewed by analyzing them. As a result, some were considered valid to point out that factors considered in calculating “the hypothetical royalty rate, the contribution rate of exclusivity, the invention’s contribution ratio and the inventor’s dedication ratio” are same and similar. Furthermore, the factors to have been considered in the first and second instance court rulings over the past 10 years were summarized and categorized according to each sections “the hypothetical royalty rate, the contribution rate of exclusivity, the invention’s contribution ratio and the inventor’s dedication ratio.” In the future, it is hoped that the data necessary to improve the hearing of lawsuits related to compensation for employee’s invention will be provided by drawing more persuasive judgements that reflect concrete validity through the hearing centering on the factors classified as above in the trial affairs relevant to compensation for employee’s invention.

종업원 재량권의 결정요인과 종업원 재량권, 경영성과 및 성과보상의 관계성

김태읍,김명종 한국상업교육학회 2019 상업교육연구 Vol.33 No.6

Employee discretion is recognized as a core competitiveness strategy of companies to cope with rapid decision-making and environmental changes in a rapidly changing business environment. The purpose of this study is to shed light to the determinants of employee discretion and to investigate the relationships among employee discretion rights, business performance and performance compensation. Main findings can be summarized as follows. First, it is founded that 1) the higher the complexity and uncertainty of the business environment is, 2) the higher the level of decentralization of an organization is, and 3) the more organic the organization structure is, companies tend to delegate the discretionary to employees. Second, employee discretion has the positive (+) effects on the improvement of the financial performance and non-financial performance. Third, the direct relationship between the employee discretion and performance compensation is not statistically significant, Finally, it is found that employee discretion is positively associated with performance compensation if employee discretion provide a significant contribution to the improvement of financial performance. While the statistically significant relationship between employee discretion and performance compensation is not found, although employee discretion provides a positive effect on the improvement of non-financial performance. These results indicate that the performance compensation system of domestic companies focuses only on financial performance and does not reflect non-financial performance effectively, and also suggests that additional incentive strategies are needed to align employee performance objectives with strategic objectives of the company and induce the higher employee performance.

The Effects of Employee Service on Reuse Intention in Upscale Restaurant Service Setting: The Moderating Effect of Spatial Proximity

최철재,함정민,민대규 한국무역연구원 2020 무역연구 Vol.16 No.2

Purpose– This study is to identify the effects of employee service experienced by customers in upscale restaurants on trust toward service employees, service satisfaction, and emotional attachment to employees, as well as to determine the effect of the relationship between these variables on reuse intention. In addition, This study examines the moderating effect of spatial proximity in relation to employee service experience, service satisfaction, employee trust, and emotional attachment. Design/methodology/approach– This study analyzed 290 questionnaires from customers who had the experience of using an upscale restaurant. SPSS Win 21.0 and AMOS 20 version statistical packages were used to verify the reliability and validity of the data. Frequency analysis was used to identify demographic characteristics of respondents. Structural equation model analysis (SEM) verified the suitability and research hypothesis of the research model. Findings– Employee services experienced at upscale restaurants affected service satisfaction, trust toward service employees, and emotional attachment, but employee services had a higher impact on trust toward service employees than other variable relationships. Trust toward service employees affected service satisfaction, emotional attachment, and reuse intention. Emotional attachment also had a significant effect on reuse intention. The moderating effect of spatial proximity was found in the relationship between employee service and trust toward service employees, whereas the moderating effect of spatial proximity was not found in the relationship between employee service and service satisfaction and employee service emotional attachment. Research implications or Originality– Customers who have experienced employee service in upscale restaurants will build trust, so service training and better treatment of front-line employees should ensure that customers have a good relationship with them. In addition, the greater the spatial proximity between the customer and the employee, the higher the degree of trust toward the employee.

근로자의 직무발명과 정당한 보상에 관한 연구

문선영 경희대학교 법학연구소 2008 경희법학 Vol.43 No.3

As many inventions in the modern knowledge-based economy are made by organizations such as universities, research institutes, or businesses, great attention has been drawn recently to the employee invention system. Equitable use of the employee invention system encourages employees to create valuable inventions and furthermore benefits employers as they seek to retain distinguished researchers and prevent the outflow of trade secrets. In Korea, the amended Invention Promotion Act of 2006 aims to systemize and unify the employee invention system as a whole, which had previously fallen under both the pre-amendment Invention Promotion Act and the Patent Law. While there are many legal issues in the employee invention system, the remuneration issue is directly related to the employee's actual rights and thus both employer and employee can easily realize its importance. It thus seems very meaningful at this point to review the employee invention system according to under the amended Invention Promotion Act and analyze the standard of fair compensation for employee inventors based on actual legal cases. The amended Invention Promotion Act of 2006 is important in that it enhances predictability and legal stability and makes possible, through voluntary negotiation, various types of remuneration appropriate to each respective corporation. However, it seems nonsensical that as long as a reasonable procedure is guaranteed the contract and work regulations between an employer and employee may be considered valid even when the specific details of remuneration cannot be regarded as fair. Though the amended Invention Promotion Act has great worth in the sense that it unifies and systemizes the employee invention system, the present employee invention system seems insufficient to protect employees who are in a weak social and economic position. Thus, through a review of the present employee invention system and related court decisions, this study attempts to identify problems in the system and find measures of improvement.

中国上市公司员工持股制度问题研究

李海燕,孙路丹阳 전북대학교 동북아법연구소 2020 동북아법연구 Vol.14 No.1

Employee stock ownership system (esop) is an employee incentive system originated from the United States. It is a system whereby the company distributes part of the shares to employees in a certain form according to established rules, and the owner shares the ownership and future earnings with employees. In practice, there is not only a conflict of interest between the company and the employees, but also a conflict caused by the dual identity of the employees. How to resolve this contradiction and prevent the legal risks caused by the implementation of the employee shareholding system has become an urgent problem to be solved. From the perspective of practice and combining with theory, this paper takes the employee shareholding system of listed companies as the research object, focuses on the overall system construction of the employee shareholding system of listed companies, learns experience from relevant laws and regulations of employee shareholding system outside the region, and puts forward Suggestions for the construction of relevant legal system in China. The employee stock ownership system has been developed for decades in China, and so far three shareholding modes have been formed, namely: trust shareholding mode, limited partnership shareholding mode and corporate enterprise mode. The mode of trust shareholding mainly establishes a trust shareholding platform according to the provisions of the trust law and manages the employee shareholding plan in the form of trust fund. Limited partnership shareholding mode is a kind of shareholding mode according to the partnership law. It is a way to establish multiple limited partnerships in a nested way, so as to establish and manage employee shareholding plan with minimum cost. The shareholding mode of the company system requires the enterprise to manage the employee shareholding plan by establishing a joint stock limited company and using the articles of association according to the provisions of the company law. Through the analysis of the employee stock ownership system in China, it is found that there are such problems as the high proportion of senior executives, the lack of supervision of the employee stock ownership system, the imperfect exit mechanism and the obvious externalization of employee stock. In view of these problems, it is suggested that the employee stock ownership system should be supervised and managed at both central and local levels. From the central level, the “management measures of employee stock ownership system” is formulated, and the problems in the acquisition of employee stock, equity exercise and withdrawal of employee stock ownership system are regulated, and the regulatory system of employee stock ownership system is regulated from the two aspects of clarifying the regulatory subject and improving the internal supervision. It is suggested that the local government issue relevant regulations to guide the development of esop in the region. The paper consists of introduction, text and conclusion, forming a relatively complete article system. In the first chapter of the main body, the general concept of the ESOP of listed companies is expounded, and from the concept, characteristics and significance of employee stock ownership, we have a comprehensive understanding of the ESOP of listed companies. The second chapter focuses on the domestic employee shareholding system, first, to review the development process of employee shareholding system in our country, and through the analysis of employee shareholding system in our country listed company of three models, and our country listed company employees within the ESOP, exercise, and exit the three stages of law system, it is concluded that China’s listed company employee shareholding system in the legislative and regulatory shortcomings. Next to the employee shareholding system outside of comparative analysis, from the perspective of comparative law research on the outside of employee shareholding system mode and the legal system is analyzed, in expanding the scope of the shareholding employees subject and ensure employee stock shareholders' rights and interests of the shareholders, complete and comprehensive of employee shareholding system legislation protecting and comprehensive guide, make the employee shareholding system perfecting of our country. But because the countries outside with economic system and legal system in our country some difference in different degree, therefore to the outside of employee shareholding system take the essence to the dregs, from standard system, establish the regulators and perfect the laws and regulations and so on omni-directional constructing China’s legal system of employee shareholding stake, promote the development of employee shareholding system of listed companies in our country.

수직적 임금격차와 주가변동성의 상관관계

정선문 ( Sun-moon Jung ),김예원 ( Yewon Kim ) 한국회계학회 2022 회계저널 Vol.31 No.5

본 연구는 최고경영진-종업원의 수직적 임금격차와 기업의 주가변동성의 상관관계에 대해 살펴본다. 기업 내 수직적 임금격차는 토너먼트 경쟁을 통해 조직 혁신을 촉진하고 성과를 향상시키는 긍정적인 측면도 있으나, 경영진과 종업원 간에 대립적인 문화를 조성하고 노사관계를 불안정하게 만들어 기업 위험을 증가시킬 가능성이 존재한다. 수직적 임금격차의 영향에 대한 선행연구들은 기업의 성과에만 초점을 맞추어 온 바, 임금격차가 주가변동성 등 기업의 위험을 증가시킬 가능성에 대한 실증분석은 희소했다. 이에 본 연구는 국내 KOSPI 상장기업의 2013-2018년 기간의 자료를 사용하여 기업의 등기임원-종업원 간의 임금격차와 주가변동성의 관계를 분석하였다. 분석 결과, 임금격차가 큰 기업일수록 주가변동성이 높은 것으로 나타나 수직적 임금격차는 기업 내부의 갈등과 불안정성을 증가시켜 주가위험을 증가시킬 수 있다는 주장을 지지하였다. 또한, 재무보고의 불투명성이 클수록, 기업지배구조가 약할수록 임금격차와 주가변동성 간의 양의 상관관계를 완화하는 것으로 나타났다. 마지막으로 수직적 임금격차가 주가폭락위험과도 양의 상관관계를 지니는 것으로 나타나, 임금격차가 기업위험에 미치는 부정적 영향을 뒷받침한다. 본 연구는 수직적 임금격차와 기업성과의 관련성을 탐구한 선행연구를 확장하여 임금격차가 클수록 주가변동성으로 대리된 주가위험이 높아질 수 있음을 보여준 데 공헌점이 있다. Recent years have seen the conflicts within companies, largely driven by the executive-employee pay disparity. Early this year, for instance, Samsung Electronics’ labor union aired their grievance against their low pay compared to the skyrocketing pay for top management. Kakao’s stock price crashed after the top executives exercised a large stake of their stock options. The pay disparity fuels the anti-management sentiment, because average employees are questioning the adequacy of increasing executive pays. The current study examines the association between vertical pay disparity within firm and stock price risk. Although TMT-employee pay disparity may facilitate firm innovation and improve firm performance through tournament competition, it may increase firm risk by heightening internal competition and discouraging cooperation between TMT and employees. Prior studies have focused on firm performance, while remaining relatively silent on pay disparity’s effect on firm risk. We expand the literature by examining the relation between vertical pay disparity and firms’ stock price risk. Drawing from a sample of firms listed in KOSPI and KOSDAQ during 2013 - 2018, we find the positive association between TMT-employee pay disparity and stock return volatility. We measure the TMT-employee pay disparity with the ratio of the average TMT pay to the average employee pay. We measure the stock return volatility by the standard deviation of weekly stock returns during the subsequent year. Our finding that TMT-employee pay disparity is positively associated with the stock volatility is consistent with our prediction that pay disparity may deepen conflicts between TMT and employees, leading to unstable firm performance and increase in stock price risk. Our findings extend our understanding about the consequences of TMT-employee pay disparity, by suggesting that vertical pay disparity not only affect the average firm performance, but also the variance of firm performance. We also examine whether the financial reporting quality moderates the relation of pay disparity and return volatility. Prior studies suggest that poor financial reporting quality can increase the information asymmetry between TMT and employees, which may further discourage their cooperation. The empirical result indicates that the positive association between pay disparity and return volatility is more pronounced with poor financial reporting quality measured by discretionary accruals. The additional test result suggests that the internal conflict between the TMT and employees may be driven by the low level of information sharing between the groups. In additional analysis, we find that TMT-employee pay disparity is also positively associated with stock price crash risk, supporting the adverse effect of internal conflicts on firm risk. It indicates that TMT-employee pay disparity increases the probability of sudden and substantial drop in stock price, above and beyond the variance of stock prices. Collectively, our study throws an important implication for board of directors who aim to enhance internal coordination and reduce the firm risk. While TMT-employee pay disparity may positively affect the firm performance through tournament incentives (as prior studies found), the disparity may deteriorate the firm operation in terms of the average performance as well as the variability of firm performance.

The Effects of Employee Service on Reuse Intention in Upscale Restaurant Service Setting: The Moderating Effect of Spatial Proximity

Chul-Jae Choi,Jeong-Min Ham,Dae-Gyu Min 한국무역연구원 2020 무역연구 Vol.16 No.2

Purpose–This study is to identify the effects of employee service experienced by customers in upscale restaurants on trust toward service employees, service satisfaction, and emotional attachment to employees, as well as to determine the effect of the relationship between these variables on reuse intention. In addition, This study examines the moderating effect of spatial proximity in relation to employee service experience, service satisfaction, employee trust, and emotional attachment. Design/methodology/approach– This study analyzed 290 questionnaires from customers who had the experience of using an upscale restaurant. SPSS Win 21.0 and AMOS 20 version statistical packages were used to verify the reliability and validity of the data. Frequency analysis was used to identify demographic characteristics of respondents. Structural equation model analysis (SEM) verified the suitability and research hypothesis of the research model. Findings– Employee services experienced at upscale restaurants affected service satisfaction, trust toward service employees, and emotional attachment, but employee services had a higher impact on trust toward service employees than other variable relationships. Trust toward service employees affected service satisfaction, emotional attachment, and reuse intention. Emotional attachment also had a significant effect on reuse intention. The moderating effect of spatial proximity was found in the relationship between employee service and trust toward service employees, whereas the moderating effect of spatial proximity was not found in the relationship between employee service and service satisfaction and employee service emotional attachment. Research implications or Originality– Customers who have experienced employee service in upscale restaurants will build trust, so service training and better treatment of front-line employees should ensure that customers have a good relationship with them. In addition, the greater the spatial proximity between the customer and the employee, the higher the degree of trust toward the employee.

브랜드 개성과 종사원 개성이 종사원 브랜드 동일시에 미치는 영향 : 서울 소재 특 1급 호텔 식음료.조리 부서를 중심으로

최미경,Choi Mi-Kyung 동아시아식생활학회 2006 동아시아식생활학회지 Vol.16 No.2

The purpose of this study was to examine the impacts of brand personality and employee personality on employee brand identification. The questionnaire developed for this study was distributed to 460 employees in F&B (food and beverage) departments and kitchen of 11 deluxe hotels in Seoul. A total of 398 questionnaires were used for analysis (86.5%) and the statistical analyses were completed using SPSS Win(12.0) for descriptive analysis, reliability analysis, t-test, and regression analysis. The results showed that employee brand identification was stronger at higher position, and also stronger among F&B department employees than among kitchen cooks. In addition, international hotels showed a higher level of employee brand identification than local hotels. Employee brand identification was also affected by hotel brand personality and employee personality. The dimension of 'sincerity' had the strongest effect on brand identification, followed by the dimensions of 'excitement' and 'sophistication'. Especially, when the hotel brand personality was lower than the employee personality at the dimension of 'sincerity', the level of employee brand identification was much lower. Overall, employee brand identification, which is a key factor for successful brand delivery to customer, could be enhanced through strong strategies to improve the brand personality dimensions and enhance employee development.