코로나사태와 사법의 대응

• 영문명: Corona Situation at Issue and Judicial Response
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 안택식(Ahn, Taeg Sik)
• 간행물 정보: 『비교사법』比較私法 제27권 제3호, 1~30쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.08.31

영문 초록

Through the coronavirus that caused more than 11 million cases confirmed and 530,000 deaths, mankind must now change its way of life. Just as the political power was reborn from the reigning power to the serving power through the French Revolution, capitalists who have suffered the victims of this corona will have to be reborn from capital for profit pursuit to capital for society. Beyond the inherent property of pursuing profit, establishing a status as a capital contributing to the development of mankind and society can lead to sustainable growth and prevent the recurrence of disease disaster that will destroy mankind. First, the corporate governance should be changed from present shareholder capitalism to hopeful stakeholder capitalism. In the past, the management of corporations was done solely for the interests of shareholders, but the side effects of such management should be deeply recognized as a disease disaster such as corona, and an institutional mechanism should be prepared to manage for the benefit of all interests concerned such as shareholders, workers, small business owners, and local residents. To this end, it is necessary to progress the discourse on the cumulative voting system and the labor director system, which have been discussed in Korea for a long time. Even a large company, a winner in the corporate world, should strive to establish a win-win structure for large and small-sized enterprises rather than seek their own profits at the expense of SMEs(small and medium sized enterprises). To this end, the protection area of SMEs should be further strengthened. Also, in order to protect SMEs suffering from the minimum wage increases raised by the current government, legislation should be revised to take into account the minimum wage increase of SMEs when contracting with large corporations. It is necessary to supplement the system so that the government-sponsored cooperation model of SMEs can succeed and settle. Representatively, Gwangju-type jobs continue to face difficulties due to various factors, and so it is necessary to create a climate in which these cooperative models can succeed with the concessions of all partners concerned. It is also important to establish a labor-management win-win model. It is a reality that large corporations in Korea deny labors’ participation in the management. However, in the management of a company, it is very difficult to achieve its success without worker cooperation. Therefore, it is important to establish an institutional mechanism to encourage voluntary participation of workers. For this, the German co-decision model is a good reference. In Korea, there has been a case in which the Seoul Metropolitan Government successfully introduced a labor director system in the subsidiary companies. Even in the case of large corporations, it is necessary to show a forward-looking attitude that allows workers to participate in the management in order to induce voluntary cooperation of workers step by step within the scope of possible circumstances of the companies rather than unconditionally denying workers participation in management.

목차

Ⅰ. 서 언

Ⅱ. 코로나사태와 세계의 변화

Ⅲ. 코로나사태와 사법의 대응

Ⅳ. 결 어

키워드

Koronavirus Neo-Liberalism Environmental Disruption Shareholder Capitalism Stakeholder Capitalism Protection of Small-to Medium-sized Enterprises Labor Director