노동법제의 쟁점과 전망

Abstract

In 2008, Korea has the 60th anniversary after establishing the government of the Republic of Korea with a constitution announcement on July 17, 1948. The standard of labor condition was specified in the law according to the established constitution, Article 17, and the labor of a woman and a boy were prescribed as the special protection. Also three rights of laborer in Article 18, that are the right to organize, the right for collective negotiation, and the right for group action, were guaranteed and the right to possess profits equally in private company was prescribed. As a result, a labor campaign and a legal history of labor of the Republic of Korea had the new turning point. Based on the basic frame for labor laws of the established constitution, labor legislation was accomplished in 1953. Since three acts for labor have been enacted in 1953 followed by Japan's colonial period and U.S. military age, the national labor relations acts have reached to the current situation throughout several enactments and amendments in the process of political and social changes. In the meantime, laborers of Korea strongly contributed as the industrial laborer in the process of rapid economical growth of 1980's and 1990's. With a discussion about the amendment of the national labor relations acts based on the Tripartite Commission that is the model by social agreement in 2000's, amendment and enactment of the national labor relations acts were performed as advanced works of the relations between labor and capital including protections of labor hour and non-regular laborer and all kinds of vacation system. Thereafter, with the amendment of laws for the purpose of “making laws which are easy to know”, whole laws were repaired by correcting the Chinese character of Japanese style and the unmatched expression on the orthography, and by newly adding the law text number. Legislation and amendment indicating a direction change of individual labor relations acts had been process and is processing in current. I still think, however, Korea is in the time point that the change of new paradigm could be considered to overcome difficult economical conditions both home and abroad within the flow of world rapid change. Especially, our current labor world still have a number of assignments to solve such as problems of non-regular worker by various recruits and hiring types, negotiating problems by industry with labor union by industry, payment problems for predecessor of labor union, problems of allowance for dual unions, employment problems of old people, protection problems of foreign labor, improvement problems of a labor committee system, etc. Actually establishment and development of labor laws could be organized on purposes that worker develops a labor campaign to get their right to live, that user makes an effort to obtain a good quality of labor power and to maintain the industrial peace, and that the government solve a social unrest and a political disorder with overcoming a conflict between labor and capital. Therefore rights and interests of laborer should be protected with introducing a legislative system for labor contract and separating the regions between labor protection and labor contract, and solving a conflict between labor and capital with introducing the system of labor court shouldn't be fall behind to international levels. In addition, in order to jump on an advanced country, we keep looking for plans to solve separated problems with propelling various policies of the relations between labor and capital and with understanding the basic assignment oriented by the government.