전자감시기술을 이용한 노동통제로부터의 근로자 권리 보장 방안

Abstract

Surveillance has continued at employers' necessity. However the problem is that substances and characteristics of surveillance are changing essentially because of the development of information and communication technologies. It has to be understood that new technology is easily used by people who have been vested rights. Therefore, it is important to regulate democratically by people of various classes' participating for preventing the reversing function and misuse of new technology. At once, criterions of normative judgment should be formed. I categorized surveillance according to purposes, objects, means and aspects of acts to establish a standard of regulation and derived criterions of constitutionality according to categories. First of all, surveillance category according to purposes is constitutional so far as it is not for disturbance of labor union because it satisfies the justice of purpose. Secondly, surveillance category according to objects can be judged the constitutionality in relevance to a work. The more it is relevant to a work, the more it is constitutional. The more it is relevant to a employee's privacy, the more it is unconstitutional because the suitability of means is not confirmed. When the suitability of means is confirmed, it can be judged whether the damage is the minimum or not. It is according to whether appeasement means can be used to accomplish purpose of surveillance or not. When the damage is the minimum, it should be judged the balance of the benefit and protection of law according to whether employer's interests are bigger than employee's or not. Eventually, when the balance of the benefit and protection of law is confirmed, surveillance can be said it is constitutional. However, as the final step, the constitutionality of surveillance should be judged by the aspect of act like recording, acquiring, keeping, analyzing and processing. There are limits from the root in the present laws. Therefore, I suggested the plan to provide for necessary mentioned items of the rules of employment or to stipulate for obligatory matters of decision and compulsory agenda of collective bargaining for employee can control their information on equal terms with employer. In addition, I propose not only safety regulations but also Technology Assessment for minimizing the employee's damage. TA is pertinent to prevent an abuse technology and perversion of human's life.