The problems and improvement measures of legal regulations for public enterprise employees

Unlike public official, the employment relationship of public enterprise employees is a judicial relationship, and labor relations laws are applied in principle. However, public enterprise-related laws treat public enterprise employees as the same as public official, and this direction is expanding. In other words, the ‘public nature’ of public enterprises is the basis for the approach centered on control and discipline. Considering the impact of public enterprises on the national economy, its legitimacy can be acknowledged. However, the introduction of the Public Official Act as it is to discipline public enterprise employees continues to be a source of controversy over its unconstitutionality and illegality. This requires systematic and clear legislation.<br/> First, unlike public official, the labor relations of public enterprise employees are in principle judicial relations.<br/> Second, the discretion of the head of a public enterprise should be reviewed. Just as the government or local governments are organizing various guidelines to be applied to public official, it is necessary to establish specific guidelines to limit the discretion of the heads of public enterprise organizations.<br/> Third, the characteristics of public enterprises and the diversity of their employee composition must be taken into consideration. In particular, public enterprises also have different degrees of publicness depending on the size and type of business. A more detailed and detailed approach is required to control the working conditions of public enterprise employees. In addition, a unified government approach to public enterprises is required.