근로계약법제의 도입을위한 기본원칙과 정책과제 - 개별성 · 유연성 · 명확성의 3대 원칙을 중심으로-

Abstract

The trend and prospect of modern society has brought with it many changes as it is very unpredictable and complicated. With the current employee environment, hiring type and labor relationship is being very individualized and diversified. However current labor law is still based upon typical labor relationship and it seems very rigid to apply in the labor market as it has still limits. It is required three features which are individuality, flexibility and clarity from labor contract law to prescribe of untypical employee environment with more secure and stable way in the modern society. It means that we need to establish civil rules regarding employee relationship to be geared towards the specific needs of its modern employee environment. According to case law and common ground on principles which is basic ideology of employee relationship, it is required to establish civil rules regarding the decision and a change of policy. It should be set explicit regulations to raise its predictability of worker, employers and public. This appears an international phenomenon as though Germany is being discussed about funds and introduction of labor contract for several years as an alternative and China and Japan already had decided to appropriate labor contract in 2007. This paper takes positive outlooks to introduce needs of labor contract as methodology which could ensure its individuality, flexibility and clarity. Therefore, this study is also to analyze the basic principals and contents of labor contract which is suitable for Korea by reviewing precedent study and to consider about legislation subject for introduction.