소위 경영권 논의의 연원과 성쇠

We can find so called “exclusive managerial right” or “managerial prerogative” both in some Supreme court cases and in academic papers. This is somewhat strange in that it assumes new constitutional basic rights just like workers basic ’rights to unite, to bargain collectively, and to strike. It even suggests that workers basic rights can be limited by this right of employer. A s legal notion, managerial right links to the argument that employers do not have the obligation of collective bargaining about the matters things categorized by managerial right. Through a comparative approach about history of Japanese labor legislation, we can find an era when there were some debates about the notion of managerial right. It was from the attempt to utilize as a weapon by employers against labor unions’ production control. But partly with lack of legal logic and partly with cooperative labor relation under enterprise level bargaining, the attempt was not successful. Japanese experience shows that employers’ rights also should be protected, but new concept of managerial right and the effects it assumes are unconstitutional as well as unlogical in a legal sense. Rather the very essence of collective bargaining and the process to talk together for deciding matters concerning labor relations should be the entrance to handle the situations.