산업민주주의와 근로자 참여 및 협력증진에 관한 법률

The Industrial Democracy is achieved not by the compulsory legislation but by the cooperation between employers and employees through workers' management participation.. The bona fide cooperation between employers and employees should be conditioned on the base of the position of the equal party between employers and employees. But the Act on the Promotion of Workers' Participation and Cooperation includes a lot of the legal problems which it intends to achieve the Industrial Democracy by the compulsory legislation. This Act should be properly abolished as an unconstitutional legislation which restricts or infringes workers' right to collective bargaining guaranteed by the Constitution Law sec. 33. This paper suggests that so called 'Workers' Management Participation Act' should be newly enacted on the base of the Industrial Democracy conditioned by the position of the equal party between employers and employees.