헌법상 노동기본권과 사회적 현안에 관한 소고

Abstract

One of the most responsible for our country's economic growth can be referred to the efforts of the people as workers. Although it might have been achieved at the expense of violations or limitations of fundamental labor rights, at this point we should consider specific implementations to secure the labor rights fundamentally by reviewing it in terms of the people as workers who consist of our society to promote continued national growth. To date, constitutional arguments about the political and social pending issues related to labor rights have been dealt with in many areas of discussions as industrial and economic conditions change domestically and internationally. Based on the necessity to consider the constitutional rights of labor, first of all, the process of legislation on labor rights is investigated historically along with the development of the national labor rights, and later the international standards on labor rights is reviewed in this paper, proposing a solution to several specific issues such as the legalization of the KCTU, teachers' unions, civil union, protection of unfair dismissal and security of the right to organize the unemployed, union political activity and participation in management, and finally human rights for foreign workers. Through ceaseless social discussions on the pending issues, the endeavor to generate agreement in the context of human rights focused on ultimate protection of labor rights and the process of problem solving with such endeavor are thought to clearly lead to a more legal and systematic development.