근로시간면제제도의 평가와 실천적 과제

Abstract

The Time-off System, which was newly stipulated in the Trade Union and Labor Relations Adjustment Act on January 1st 2010 , is to be implemented from July 1st, 2010. Accordingly, the Enforcement Decree of the Act was amended on February 12th. The decision of the Time-off System Deliberation Committee on the maximum Time-off hours was notified by the Labor Minister on April 20th and administrative guidelines were announced by the Ministry of Labor on June 4th. This paper recognized and analyzed components of the system in ordinances, notification and guidelines which were prepared to implement the Time-off system, identified their short-comings and suggested ways to develop the system. The Trade Unions and Labor Relations Act stipulates the contents of a complicated Time-off system in a single paragraph under a single Article, suggesting a substantially abstract ideas on the system. This resulted in adding new contents to the Enforcement decree and administrative guidelines at a time when there was no ground for mandating the system and many restrictions to the system. The circumstance may lead to the possible infringement on the principle of autonomy in Labor and Management and engender differing views on the effect of stipulated measures. This paper has analysed such problems in details and suggested alternatives. It might be too early to discuss the amendment of relevant institutions since the Time-off system has only been ready to be implemented. In addition, few court cases or evaluations by academia have been accumulated. Therefore, this paper is expected to contribute to building upon the Time-off system based on common consensus through numerous discussions by raising questions to draw practical discussions on the system.