근로자 이익균점권의 탄생 배경과 법적 성격 논쟁

The §18 ⓶ of the Constitution of 1948, unprecedented in world constitution history, was that “The labor of private enterprise that has profit making purpose have the right to share in the profits, according to set up by legislation.” This paper discussed the birth background of the right to share in the profits for labor and the legal nature argument of this right on process of making the Constitution of 1948. First of birth backgrounds is the idea of those days that even economic life was guaranteed by state. Like a peasant, labor also should have guaranteed even economic life. Second, there was the social consciousness that vested properties, called 80% of national wealth, was shared by peoples. Most enterprises of those days was vested properties. In the disposal policy of vested properties, it was considered the interest of labor by claim of the right to share in the profits. Third, the profit sharing system of western societies was accepted to the right-wing labor unions as the compromise of labor and capitalist. Fourth, The Korean Confederation of Labor Unions leaded by Chun Chin Han assemblyman petitioned the National Assembly making the Constitution for the octad labor-peasant clauses. This petition claimed the concrete right to share in the 30~40% profits of enterprise for labor. The amendment proposal of the right to share in the profits for labor was vehemently argued in the Assembly plenary session. Topics was the right or economic order, private enterprise or government owned, profit making purpose or not. The §18 ⓶ of the Constitution of 1948 was passed the National Assembly by a single vote. The meditation plan of Rhee Syngman, the Chairperson of the National Assembly of 1948, that was support the right to share in “mean” profits was a crucial role. This constitutional right had abolished on the Constitution of 1962, but the sprit of fathers of constitution making is transmitted up to now.