노사협의회 근로자위원 선출방법에 관한 고찰 - 평등선거의 원칙 적용 여부를 중심으로 -

The Labor-Management Council is a consultative body formed by workers and employers to promote the welfare of workers and the sound development of the company through participation and cooperation. stipulates that, in principle, workers' members are elected by direct, secret, and secret ballot by workers, but does not explicitly stipulate the principle of equal elections. According to the final judgment, workers members of the labor-management council elected from companies consisting of various business sectors must have legitimacy to represent all workers, and therefore the principle of equal voting value is the most important and basic criterion. It was judged invalid, in violation of the Workers' Participation Act, by excessively restricting the right to be elected and the right to be elected in relation to the workers' members as stipulated in the Participation Act, beyond the necessary and reasonable limits. The decision is based on the fact that the principle of equal election is applied in the election of labor-management council workers, so it is necessary to ignore various business characteristics, to have the representativeness of the labor-management council worker members equal to that of the labor union, or to reflect the interests of a minority of workers. It is not that it was decided that there was no Rather, the final judgment is in harmony with the principle of equal election as a general principle of election in the election of worker members of the labor-management council while fully considering the content and attitude of the current laws and regulations, the fundamental ideology and legal status of the labor-management council system, and the duties of the labor-management council. It is appropriate to view it as intended.