퇴임이사에 대한 직무집행정지 가처분

이철기(Lee, Cheol-Ki) 성균관대학교 법학연구소 2010 성균관법학 Vol.22 No.3

Supreme Court’s Decision No.2009Ma1311 states that a director retiring from office when there are more than minimum number of directors remaining in office as prescribed by Commercial Acts or by the articles of incorporation, the director naturally no longer has the rights and duties of a director as of the director’s resignation or expiration of his term of office, and in the case that the director retains the effective rights and duties of the position despite his resignation or the expiration of his term of office, a Provisional Injunction on Performing the Duties of a Director can be requested by way of claim to confirmation of non-existence of the rights and duties of the director. This finding is reasonable in light of Article 386 Section 1 of the Commercial Acts, which limits the instance of a retiring director to retain rights and duties of a director to when the directors remaining in office would otherwise become fewer than the minimum number prescribed by Commercial Acts or by the articles of incorporation. On the other hand, the Decision states that since Article 386 Section 2 of the Commercial Acts allows for the court to appoint a person who is to temporarily perform the duties of a director upon application if required, e.g. in case where it is impossible or inappropriate for a retiring director who retains the rights and duties of a director under Article 386 Section 1 of the Commercial Acts to retain the rights and duties of a director, a Provisional Injunction on Performing the Duties of a Director cannot be requested separately based on his resignation or expiration of his term of office or the fact that retiring director had a reason to be terminated. However, a Provisional Injunction on Performing the Duties of a Director, which is a form of a preservative measure, is different in its purpose and principle from “a person who is to temporarily perform the duties of a director” as prescribed in Article 386 Section 2 of the Commercial Acts, it is more reasonable to understand that the two measures are not mutually exclusive. There are no laws showing that one cannot request a Provisional Injunction on Performing the Duties of a Director when it is appropriate to appoint a person who is to temporarily perform the duties of a director, and the merit of a Provisional Injunction on Performing the Duties of a Director, which is the temporary and emergency nature of the measure, is of a far greater benefit in reality in providing immediate relief to those in need than the appointment of a person who is to temporarily perform the duties of a director. Therefore, in the special circumstance where it is determinable that the person who is exercising the rights and duties of a retiring director does not in fact possess the status or the rights of a retiring director, it is reasonable to assume that it is allowable to request a Provisional Injunction on Performing the Duties of a Director by way of claim to confirmation of non-existence of the rights and duties of the director.

변혁적ㆍ거래적 리더십의 효과에 관한 한국과 중국의 비교 연구

이철기(Lee, Cheol-Ki) 대한경영학회 2010 大韓經營學會誌 Vol.23 No.6

사회적 교환이론의 관점에 입각한 노조몰입 및 노조참여 의도의 결정요인에 관한 연구

이철기(Cheol Ki Lee),이광희(Kwang Hee Lee) 한국산업경영시스템학회 2008 한국산업경영시스템학회지 Vol.31 No.3

  The purpose of this study is to examine the determinants of union commitment and union participation intention based on the social exchange perspective and apply implications to union setting to improve union management. The results are as follows:Firstly, union commitment is the most direct predictors of union participation intention and mediates the relation both perceived union support and union instrumentality and union participation intention. Secondly, both perceived union support and union instrumentality are direct predictors of union commitment but perceived union support has more effect than union instrumentality on union commitment. Lastly, process related justices affect on perceived union support but interactional justice is a more important antecedent of perceived union support than procedural justice. Unexpected finding is that union instrumentality has direct relationship with not only union commitment but also perceived union support. This finding is needed further research in the future.

일반 논문 : 조직학습 수준과 조직몰입 및 지각된 조직성과의 관계에 관한 연구

이철기 ( Cheol Ki Lee ) 한국중소기업학회 2011 中小企業硏究 Vol.33 No.4

본 연구는 충청지역의 중소기업을 대상으로 조직학습 수준과 조직몰입 및 지각된 조직성과의 관계를 분석하였다. 구체적으로 개인, 집단 및 조직수준 학습과 조직몰입 및 지각된 조직성과 사이의 직접적 관계와 조직학습의 각 수준과 지각된 조직성과 사이에서 조직몰입의 매개효과를 분석하였다. 이를 위해 충청지역의 산업분포를 반영한 150여개 기업의 800명의 응답자로부터 얻은 설문자료에 대해 실증분석을 하였다. 실증분석 결과, 개인 수준학습과 집단 수준학습 및 조직수준 학습 모두 조직몰입 및 지각된 조직성과에 정(+)의 유의한 영향을 미치는 것으로 나타났다. 또한 조직몰입에 대해서는 개인수준, 집단 수준 및 조직수준 학습의 순서로, 영향을 미치며, 지각된 조직성과에 대해서는 개인수준, 조직수준 및 집단 수준학습의 순서로 영향을 미치는 것으로 나타났다. 조직학습은 지각된 조직성과에 대해 직접적인 효과를 갖지만, 조직몰입을 통한 간접적인 효과가 보다 큰 것으로 나타나 조직몰입은 조직학습과 지각된 조직성과를 부분적으로 매개하는 역할을 하는 것으로 나타났다. 마지막으로 실증분석 결과를 요약하고, 연구결과가 중소기업의 조직학습에 미치는 이론적, 실무적 영향과 시사점을 제시하고, 향후 연구방향과 논문의 한계에 대해 논의하였다. Increasing competition, speedy environmental changes, scarce resources and globalization have made organizational learning a critical component for organizational success and a competitive advantage in the long term. As concerns for organizational learning and organizational success increase, researches which examine the relationship between organizational learning and various important organizational variables such as job satisfaction, organizational commitment, short term or long term performance variables (e.g. financial achievement, quality improvement, product service innovation, etc.) attract a lot of attention. The main purpose of this paper is twofold : First, it examines the relationship between the three levels of learning in an organization-individual level learning (ILL), group level learning (GLL), organizational level learning (OLL)-and organizational commitment (OC) and perceived organizational performance (POP) in small and medium enterprises (SMEs) settings. Second, it examines whether there are direct effects of the three levels of learning (ILL, GLL, and OLL) on POP, or mediate effects of OC between the three levels of learning (ILL, GLL, and OLL) and POP. This study refers to the stocks of learning as learning that resides within a level : individual, group, and organization. These stocks can be distinguished from the flow of learning across levels to provide feed-forward and feed-back. The three levels of learning can be defined as follows(Bontis, Crossan, and Hulland, 2002) : Individual learning captures the processes of intuiting and interpreting. It focuses on the generation of innovative insight, taking actions that are experimental in nature, breaking out of traditional mind-sets to see things in new and different ways, scanning the external environment, developing the competency to complete one`s job, having a sense of pride and ownership in one`s work, and being aware of the critical issues that affect one`s work, all at the level of the individual. Group learning captures the process of integrating. It includes elements such as effectively working in groups, having productive meetings, having the right people to address the issues, and communicating key elements of dialogue including being prepared to share both successes and failures, encouraging diversity, and effective conflict resolution. Organizational level learning involves embedding individual and group learning into the non-human aspects of an organization`s systems, structures, procedures and strategy. In this case the stock of learning is referred to as organizational memory. Furthermore, this embedded learning needs to be aligned so that systems, structures, and procedures support a strategic orientation that position an organizational well within its competitive environment. I developed three sets of hypotheses through literature review : The first set of three hypotheses (H1-1, 1-2, 1-3) are related with the direct relationship between learning at each of the three levels and organizational commitment. The second set of three hypotheses (H2-1, 2-2, 2-3) are related with the direct relationship between learning at each of the three levels and perceived organizational performance. The third hypothesis (H3) is related with the mediating effect of organizational commitment between learning at each of the three levels and perceived organizational performance. In order to test the hypotheses, I used measurement instruments of which their reliability and validity were verified through a series of preceding research. The strategic learning assessment map developed by Bontis et al.(2002) and Crossan, Lane, and White(1999) is used for analyzing the relationship between the three levels of learning and perceived organizational performance. The Organizational Commitment Questionnaire (OCQ) developed by Mowday, Steers, and Porter(1979) is used to measure organizational commitment. About 150 SMES in the ChungCheong region voluntarily agreed to take part in this research. Finally data was gathered from a total of 800 respondents and used in statistical analysis to test the hypotheses. I tested for the reliability and validity of all measurements relating to the five constructs in two stages. In the first stage, exploratory factor analysis of all items using the principal component analysis (PCA) was examined. All the items were loaded into the five constructs with relatively high values as expected. In the second stage, results of confirmatory factor analysis using structural equation modeling yielded an adequate model fit for the proposed factor structure (X2 = 926.591, df = 259, p = .000, RMR = .060, RMSEA = .057, NFI = .937, CFI = .954). All items were loaded on their respective constructs and were statistically significant. Furthermore, I computed the composite reliability of each construct. The composite reliability for each construct is above the .70 suggested by Nunnally(1978) which indicates adequate reliability. I checked the convergent and discriminant validity of each construct. The standardized CFA loadings present evidence of convergent validity. The square root of the average variance extracted was greater than all corresponding correlations indicating adequate discriminant validity. To test the hypotheses relating to the direct effects of organizational learning multiple regression analyses including organizational commitment and perceived organizational performance as dependent variables respectively were analyzed. The results suggested that all the hypotheses relating to the direct effects were verified. All the three levels of learning (ILL, GLL, and OLL) are positively associated with organizational commitment as stated in H1.1-H1.3 (p < .001). Also all the three levels of learning (ILL, GLL, and OLL) are positively associated with perceived organizational performance as stated in H2.1-H2.3 (p < .001). To test the mediating effect of organizational commitment, I followed the procedure suggested by Baron and Kenny (1986). The results show that the effects of the levels of learning on perceived organizational performance is partially mediated by organizational commitment. Therefore the hypothesis that the relationship between the three levels of learning and perceived organizational performance would be mediated by organizational commitment was only partially verified. The results of this study suggest valuable meaning and various implications at the academic and practical level for SMEs. First, all three levels of learning are positively associated with organizational commitment and perceived organizational performance. This result suggests that as verified in Western studies, organizational learning in SMEs can be the most critical element to transforming an existing traditional organization to a performance oriented organization (Gilley and Maycunich, 2000). To intensify individual, group and organizational level learning would make important contributions to the organization in achieving sustainable competitive advantages as well as demonstrating strong financial performance. Therefore, it is the duty of the CEO and senior management in SMEs to devote effort to continually strengthen the three levels of learning and enhance the level of organizational commitment and effectiveness in the long term. Contrary to expectation, the results of regression analysis suggest that individual level learning has a greater effect than group level learning or organizational level learning. I had expected organizational level learning to make organizational members share the mental model of the organization and align with the organizational strategy, system and operating procedures to enhance the level of organizational commitment and performance. I believe that this discrepancy in expectation is caused by the perception of respondents of the organizational learning level in their own organizations. Respondents can be biased that the individual level learning is more important than the other levels of learning. If so, organizations have to focus on the individual level learning to get the desired results such as organizational effectiveness. On the other hand, it can be caused by the perception of respondents in overestimating the value of individual level learning more than reality assuming the condition that group and organizational level learning is relatively less activated than individual level learning. Organizational commitment has a partial mediating role between the level of organizational learning and perceived organizational performance. This result suggests the importance of the role of organizational commitment to enhance organizational performance. In conclusion, I recommended future research to examine more mediating variables such as the effect of human resource management systems and organizational trust on organizational commitment and performance, and the effects of inter-organizational learning level between SMES or SMEs and large scale organizations. Other further research directions are suggested. Finally several limitations to be aware of in this study are presented. Especially the possibility of measurement errors incurred when measuring invisible phenomena such as organizational learning, limitations in employing only survey questionnaires and self reporting errors are pointed out.

사무직 조합원의 노조몰입 및 참여의 결정요인 연구

이철기(Lee, Cheol-Ki),이광희(Lee, Kwang-Hee) 대한경영학회 2008 大韓經營學會誌 Vol.21 No.5

조직공정성과 조직몰입의 관계에 관한 연구 : 중소기업과 대기업의 비교 연구 Comparing the Difference Based on Company Size

이철기 ( Cheol Ki Lee ),이광희 ( Kwang Hee Lee ) 한국중소기업학회 2007 中小企業硏究 Vol.29 No.3

통제 위치와 조직공정성 및 조직유효성의 관계에 관한 연구

이철기(Cheol Ki Lee),이광희(Kwang Hee Lee) 한국산업경영시스템학회 2010 한국산업경영시스템학회 학술대회 Vol.2 No.-

The purpose of this study is to examine the dynamic relationships among locus of control as a individual traits, the three organizational equity factors(distributive equity, procedural equity and interactional equity), individual attitudes and behaviors(job satisfaction, organizational commitment and turnover intention). In this study, we designed research model based on extensive literature review and tested each hypothesis through empirical analysis of which single public organization was the subject. The results are as follows: locus of control negatively affect all the three equity factors. And distributive equity positively affect job satisfaction whereas both procedural equity and interactional equity positively affect organizational commitment. Also only organizational commitment not job satisfaction positively affect turnover intention. The various implications to manage organizational equity, job satisfaction and organizational commitment and the limitations of the study and directions for future research were discussed.

능동소음제어 시스템의 고장 판별에 관한 연구

이철기(Cheol-Ki Lee),구춘근(Choon-Keun Koo),오학준(Hak-Jun Oh),정찬수(Chan-Soo Chung) 대한전기학회 1997 대한전기학회 학술대회 논문집 Vol.1997 No.7

무인교통단속장비를 이용한 교차로 꼬리물기 단속 가능성 연구

이호원,현철승,주두환,김동효,이철기,박대현,Lee, Ho-Won,Hyun, Cheol-Seung,Joo, Doo-Hwan,Kim, Dong-Hyo,Lee, Choul-Ki,Park, Dae-Hyun 한국ITS학회 2011 한국ITS학회논문지 Vol.10 No.6

꼬리물기는 교차로에 정체가 발생하면 녹색 현시라도 진입해서는 안 되는데 이를 무시하고 무리하게 진입, 신호가 바뀐 뒤 다른 방향의 차량흐름에 방해를 주는 행위이다. 인력에 의한 단속 방법은 한계가 있어 지속적으로 단속을 하기위해서는 대체 방안이 필요하다고 하겠다. 교차로에서의 꼬리물기 위반를 시스템을 통해 단속가능한 지 여부를 파악하기 위해 실제 현장에서 실험을 통해 평가를 수행하였다. 본 연구에서는 현재 운영 중인 신호위반 단속장비와 달리 위반 차량을 단속하는 시점을 교차로 진출부 횡단보도 부근에서 하였으며, 위반 차량을 역추적 방식으로 궤적을 추적하는 방식을 적용하였다. 현장 실험 결과 시스템에 다음과 같은 결론을 얻었다. 교차로 꼬리물기 위반 차량에 대한 단속 능력, 즉 위반차량 검지율 및 오검지율을 평가한 결과, 평균 검지율은 83.5%, 오단속률은 0.2, 오인식률 1.5%로 나타났다. 따라서 꼬리물기 위반 차량을 무인단속장비에 의해 단속을 할 수 있을 것으로 판단된다. Even if the traffic light is green, if vehicles enter a jammed intersection, they are violation of the law. The police is enforcing law as a part of a nation wide campaign. Because, using the camcorder, the police can not do enforcement the offending vehicle, there are other techniques. Our research group proposed automated photographic equipment enable to enforce moving violation in intersection. Using new license plate recognition technology and backtracking technology to trace the offending vehicle, once the system detects a violator, it records 8 wide pictures and 1picture from the front vehicle, showing it enter and proceed through the intersection. Field experimental results obtained in the system, the following conclusions. The three measures of effectiveness investigated were recognition rate 83.5, mis-match recognition rate 1.5%.

경력개발제도가 경력성공에 미치는 영향: 경력적응성 및 인사제도 공정성의 매개된 조절효과

정용덕 ( Yong-duk Jung ),이철기 ( Cheol-ki Lee ) 한국실천공학교육학회 2022 실천공학교육논문지 Vol.14 No.3

본 연구는 경력변화 환경속에서 경력개발제도를 경험한 근로자를 대상으로 경력개발제도, 경력적응성 및 경력성공의 관계와 인사제도공정성과 경력적응성의 매개된 조절효과를 실증 분석하였다. 분석결과는 다음과 같다. 첫째, 경력적응성은 경력개발제도와 경력성공의 관계를 부분 매개하는 것으로 나타났다. 둘째, 인사제도 공정성은 경력개발제도와 경력성공 및 경력개발 제도와 경력적응성의 관계를 각각 조절하는 것으로 나타났다. 셋째, 경력개발제도와 경력성공의 관계에서 인사제도공정성의 조절효과는 경력적응성에 의해 매개되는 것으로 나타났다. 분석결과는 개인의 경력성공에 대한 경력적응성 및 인사제도공정성의 중요성을 확인하고, 경력개발의 제 특성과 인사제도가 결합될 때 경력개발시스템의 효과성을 높일 수 있음을 제시한다. This study analyzed the effect of career development system and personnel management equity on career success for workers who experienced various career change environments. The results of empirical study were as follows: First, it was found that career adaptation partially mediated career development system and career success relationship. Second, it was found that the moderating effects of personnel management equity on career success and career adaptation respectively. Third, it was found that the moderating effect of personnel system fairness was mediated by career adaptability in the relationship between career development system and career success. The analysis results confirm the importance of career adaptability and personnel system fairness for individual career success and suggest that the effectiveness of the career development system can be increased when the characteristics of career development and the personnel system are combined.