현행 근로기준법 제74조 임산부 근로자 휴가제도에 관한 고찰

Abstract

The purpose of this study is to review the history of protection holidays system for pregnant workers and to discuss legal arguments on legislative issues as defined in Article 74 of the Labor Standards Act. For female workers, the expression of maternal function such as pregnancy and childbirth has a dual meaning both at the individual level and at the national level, but also requires a degree of physical function recovery equivalent to a 'disease'. Even in the cases of births and deaths that do not reach birth, it is necessary to take a vacation to recover the body's ability to exercise normal working ability. Thus, since the establishment of the first Labor Standards Act in 1953, the legislation has extended the scope of protection through the holiday system to protect pregnant workers. Nevertheless, our society is experiencing a drastic change in the labor environment than ever before, and demands a realistic labor protection system that can ensure effectiveness in the workplace. Moreover, in the reality of 'cliff population', the necessity of the protection legislation on the special object of 'pregnant workers' is emphasized even when compared with the historical period. For this reason, this study needs to consider the possibility of adjusting the total number of holidays before and after childbirth, the protection of workers who are concerned about premature birth, Whether or not to protect maternal workers for the 'illegal operation', and whether to introduce the unpaid holidays system. Through this study, it is expected that the protection of maternity workers will be replenished more realistically for a great cause.