상법상 회사와 협동조합 지배구조 비교를 통한 일자리 안정성 고찰

The Cooperative Basic Law was enacted in Korea in 2011 with the hope that cooperatives would create more stable jobs. According to a survey conducted by Nonghyup University, the main purpose of building cooperatives was also to create jobs. Although cooperatives are relatively inefficient in increasing the number of jobs in terms of size, they are used as a means of personal entrepreneurship and are also favored by the government. There are various opinions about why cooperatives have higher job security than general companies. To understand governance, it is necessary to recognize that cooperatives are associations, not capital-based organizations. For them as cooperatives, having democratic organization and operation is essential. The Cooperative Basic Law has separate provisions for the organizational structures of the cooperative, for example, the general assembly, the council, and the auditor. The law stipulates that a cooperative is similar to a limited liability company, meaning that it applies the provisions of a limited liability company in accordance with the judgment of a legislator. However, the regulations on the governance structure are specified separately to clarify the difference between a limited liability company and a cooperative. The Cooperative Basic Law has a board of directors and officers in a fashion similar to that of the corporate governance structure of a cooperative. However, cooperatives have as core principles a democratic organizational structure and operation, and the high job stability of a cooperative is derived from the cooperative management of its board, which coordinates a number of interests. Because officers are in a position to be responsible for the competitive business of the cooperative, they are like the professional managers of a corporation, and they consider business profit. Article 41 (1) of the Cooperative Basic Law stipulates that "the chief director shall represent the cooperative and execute the work of the cooperative according to the constitution of association." In accordance with this provision, the chairperson of the cooperative board automatically becomes an executive officer. If the chairperson of cooperative is also an executive with a strong business mind, there is a fear that the job stability will be lowered due to the deterioration of the organization’s characteristics as an association.