연차유급휴가권의 법적 성질과 쟁점

Abstract

The Supreme Court understands that statutory annual leave regulating the dormancy right of the worker is accrued after a year of continuous employment and is calculated by adding the length of service, so it is understood as a compensation. It is considered that it should be understood and emphasized as a guarantee of the right to rest that it is a period request to extend leave. It was proposed to establish a leave system including annual leave as a single law to ensure legal completeness for improvement. The number of annual leave provisions in Article 60 of the current Labor Standards Act has increased as revised repeatedly, and various contents are composed of one article. First of all, there is a sense that the annual leave regulations are stipulated in Chapter 4 Work Hours And Recess of the Labor Standards Act, which may cause misunderstandings in the legal system and interpretation. In other words, it is necessary to reform the subordinate composition that annual leave has a compensatory feature for work by compiled from the Chapter Work Hours. It will be improved by enacting a single law on leave or organizing it in a separate ‘Chapter Recess’ in the Labor Standards Act. When newly enacted or compiled as Chapter Recess, it is specified to ensure the annual leave and the attendance rate requirement for annual leave is abolished. It is expected that the legislative discussion on the leave laws will be actively conducted.