근로계약법제의 현대적 과제

Abstract

As the labor-management environment has rapidly changed with the advent of the era of the post-ideologization and informationization, traditional labor law methodology is in need of a critical review. The traditional labor law was based on the 'subordinate labor theory', which emphasizes the uniqueness of the labor law and advocates the predominance of collective will over individual worker. Recently, both scholars and practising experts have indicated a remarkable tendency of deregulation and the ""flexicurity"" of labor law. This essay analyses such academic and practical tendency in the name of 'labor contract theory' and attempted to harmonize it with the traditional values. The followings are the five key perspectives this essay presents for the modernization of labor law; 1. Provisions such as general binding forces and union shop clauses, which tend to ignore individual workers, needs improvisation. 2. Work rule requires a thorough review on its adequacy because of its vague legitimacy and confusions arising from workplace application. 3. Dismissal law should be revised in a way that enhances both flexibility and security. 4. Non-regular workers issue should be settled by non-discrimination principle, which will accordingly call for a need of affirmative labour market policy by the government. 5. To prepare for the expected increase on individual disputes, appropriate dispute settlement system shall be implemented.