스마트워크의 노동관계법적 이슈와 활성화

Abstract

With a rapid development of present information and communication, the number of smart-workers who work at smart-working center, telecottage and smart office are increasing as time goes on. Moreover, it has brought us tremendous advantageousness since it allows us to be able to work at our own homes, coffee shops nearby, airports, stations, travel destinations,in the cars and anywhere else furnished with IT equipments. However, as the unpredicted adverse effects of smart-working, it is difficult to protect smart-workers with applying the National Labor Relations Act in force due to a problem whether the smart-workers can be recognized as a laborer and diversification and popularization of a format that monitors these smart-workers greatly threat the right to privacy which is a basic human right for the workers as it actually invades personal information. Therefore, as the nature of this type of laborer should be recognized preferentially to protect them with the National Labor Relations Act in force,exploding smart-workers must be protected even though it has to enact a new law to do so if their nature of laborer cannot be recognized under the current labor law. Furthermore huge amount of expenses will be incurred from arranging places and spaces along with furnishing equipments and facilities for the smart-working system, therefore, solving these matters without disburdening workers will also fundamentally protect smart-workers who are in poor social and economic positions so it should as well be clarified by the law in order to protect these workers. And a concept and the scope of smart-working system must also be accurately determined by the National Labor Relations Act to protect the workers and secure the efficiency of smart-working shown a steady growth nowadays and the laborer nature of smart-workers must be recognized by legalizing a smart-working system and all the necessary measures must be taken with regards to the working hours and wage protection of smart-workers. Moreover, a new law must be enacted to protect privacy,data and information of smart-workers and systems for safety & health and accident compensation must be established in order for smart-workers to be able to work more healthily and safely. Even though Korea as well has enacted, promulgated and enforced the Privacy Act so that protection of worker’s information and privacy has made progress, more direct and practical solution will be enacting a new bill in order to secure the information and privacy of smart-workers who provide services in a special working condition and environment. To conclude, invigoration of smart-working is neither only a matter to any one economic subject nor a matter to which only the nation has to make efforts. This system will be invigorated only if companies and public institutions wherever have adopted smart-working system, laborers and civil servants whoever have participated in this system as well as the nation itself preferentially change their perceptions to introduce and invigorate smart-working system and accomplish their tasks in their positions.