노동법의 규범구조와 근로권과 노동3권의 관계

Abstract

The article 23 and 33 of the Constitution guarantees the right to work and the labor’s three primary rights as basic rights. The Constitution stipulates rights to work and labor’s three primary rights at the same time is rare except for Korea and Japan. The basic right of labor, as anyone perceives, is the basic right prescribed for workers. But these regulations give rise to questions. What is the relationship between the right to work and the labor’s three primary rights. The principle of positive law is that labor rights are applied first between right to work and labor’s three primary rights. In fact, the labor management issues should be resolved voluntarily by the labor authorities. By the way, given the fact that labor union membership remains around 10%, most workers who do not belong to the labor union are protected by the right to work. In theory, labor’s three primary rights are the first to protect workers, whereas in reality workers are protected by labor rights. Recognizing this reality, I was told about France’s labor reform law. The content of France’s labor reform law is the integration of the individual labor relations law and the collective labor-management relations law, and the direction changes to the structure of civil law. Korea needed to see if it could integrate the individual labor relations law and the collective labor-management relations law like the France’s labor reform law, and looked at the relationship between the two as the forward stage. In order to integrate the two laws as a result, it would have to be the logic of respecting the will of th parties. In order words, the will of worker and employer should always take precedence except for absolute social order on the assumption of equal power between workers and employers. In this case, it is also necessary to change the labor law as a fair in order to protect a worker-lice person or small subcontractors. In other words, labor law can be recognized as a fairness of protercting labor value properly.