윤석열 정부의 「근로시간 제도 개편방안」의 비교연구를 통한 정책 방향 제안에 관한 연구

Abstract

Every human being is given equal time of 24 hours. For workers who provide work and earn a living on wages, the length of working hours is directly related to the quality of life. Recently, the Ministry of Employment and Labor announced a 「plan to reorganize the working hours system」, announced a partial revision to the Labor Standards Act, and is pushing for a reorganization of the working hours system. The main purpose is to improve the quality of life of workers, establish a working hours system that meets global standards for corporate innovation and growth, and increase the choice of working hours for labor and management parties. However, the current Labor Standards Act already guarantees various flexible working hours systems, and in the case of special industries, it has the flexibility to the extent that it is not restricted by extended working hours. In addition, the guarantee of workers’ options for working hours does not mean that various examples are given. In order to increase workers’ right to self-determination of time, minimum prerequisites such as predictability of working hours and maintenance of health rights are required. The government’s legislative notice plan reduces the predictability of working hours compared to the current working hours system. As the working hours system becomes flexible, intensive labor over a long period of time becomes possible, and there is a large factor that will infringe on workers’ health rights. In addition, the expansion of overtime management units to monthly, quarterly, semi-annual, and annual units was introduced based on overseas cases such as Germany and France, but there is a significant difference in working hours from 390 to 460 hours a year compared to Korea, and the countries have an appropriate alternative holiday guarantee system. Many concerns have been raised about how to reorganize the working hours system on the premise of the maximum overtime hours. We institutionalized 40 hours a week 20 years ago, but we have not escaped the low-wage and long-time work system. The basic principle of labor law is to protect the dignity of human workers. Rather than rushing legislation related to the reorganization of the working hours system, the administration should prioritize solving priorities such as regularizing working hours records and management, improving abuse of comprehensive wages, and ensuring representation of the worker representation system.