근로시간면제제도의 쟁점과 개선방안

Abstract

Korea joined the ILO in 1991. The ILO made recommendations on Korea's labor-management-related laws and systems. Recently, in 2021, Korea ratified the ILO's core conventions. In addition, the Trade Union and Labor Relations Adjustment Act (referred to as the ‘Union Act’) was amended. Changes before and after the recent revision of the labor union law, centering on the time-off System, were checked, and issues were identified through the actual conditions applied in the field of labor-management relations. A key issue is the total amount of hours within the maximum time-off limit. In addition to the appropriateness and limit of the total amount, there is an additional agreed upon matter, and there is a problem of time distribution of working hours exemption from multiple unions to the majority unions. In addition, there is a problem of use management in the operation of the maximum time-off limit. These limits on working hours exemption will be deliberated and decided by the Time-Off System Deliberation Committee of the Economic, Social and Labor Council in the future in accordance with the revised Trade Union Act. In this paper, we have the same problem recognition as above. Let's take a look at 'Issues and improvement measures of the Time-Off system'. First, we will look at the basics (significance and changes, background, and amendments) of the time-off system among the revisions to the union law. In addition, individual issues of the time-off system (setting, subject, and method of use of the maximum time-off limit) will be reviewed. And I will look at the implications by examining foreign legislative examples (US, UK, Germany, France, Japan) related to the time-off system. After that, in light of the current situation currently under discussion by the Economic, Social and Labor Council, I suggest ways to improve the time-off system. (ⅰ)The collective agreement reported to the administrative office is investigated in full, the exact actual condition survey is conducted, and the total amount of the maximum time-off limit is reset to a reasonable level. (ⅱ) Proportional application is reasonable based on the number of union members in multiple unions. However, in consideration of the absolutely necessary time and the proportionality of the distribution, the range or section of the maximum time-off limit should be set. (ⅲ) A system should be established to use and manage the maximum limit of time-off. In order to institutionalize it at each business site, it is necessary to prepare a plan for use with a certain period of time and a standard for post-settlement settlement. (iv) For work subject to time-off, there is no need for overlapping regulations in laws and regulations, and unclear regulations should be clearly revised.