주식회사의 지배구조와 근로자의 경영참여

A corporation is a social production unit in which shareholders, employees, and managers are combined in a long-term, hierarchical relationship. The shareholders, employees, and managers are all the members of the company, because shareholders who are capital providers and workers and managers who are labor providers are essential elements of the profit-seeking activity of the company. The corporate governance structure of a corporation should be designed for the managers to maximize the company's profits as the total assets of all its members and liability to the stakeholders, and to act as a neutral coordinator of interests of the members of the company by distributing the profits to the members objectively and neutrally. To this end, it is necessary to recognize the status of the employee as a member and ensure that the employee participates in the corporate governance structure and exercises joint control together with the other member(shareholder). Although routine management activities are carried out by managers, it is desirable that the appointment of such managers and the company’s fundamental decisions are determined jointly by employees and shareholders. * Professor, Chung-nam Nation University Law School •