근로자의 개별적 합의를 통한 근로시간에 관한 최저기준의 탄력적 적용 가능성에 관한 검토

Abstract

Along with the reduction of actual working hours in working hours policies, an important task is to innovate how to determine and adjust the length and arrangement of working hours so that the interests of employers and workers can be realized in harmony within the legal longest working hours limit of 52 hours a week.Determining the length and arrangement of working hours within the legal maximum working hours limit is a matter of setting working hours, that is, a matter of establishing working hours to realize various purposes of working hours regulation in a balanced manner. This will contribute not only to the reduction of actual working hours and balance of work and life, but also to the improvement of productivity. According to the current Labor Standards Act, the method of setting working hours is very actively used to set conditions that deviate from, that is, fall below the minimum standard under certain conditions(‘Derogation’). Therefore, this paper aims to review and identify the problems of the current legal system and find ways to improve the length and arrangement of working hours within the legal maximum working hours limit. Therefore, this paper aims to review and identify the problem of flexible application(‘Derogation’) of the minimum standard among the methods of determining the length and arrangement of working hours within the legal maximum working hours limit and seek ways to improve it. To this end, it is necessary to systematically review the problems of the ‘flexible application(‘Derogation’) of the minimum standard’ based on Article 32 (3) of the Constitution and review improvement measures within the system. In other words, since the relevant provisions of the Labor Standards Act show that various types of methods are used in this method, it is necessary to review problems and improvement measures by looking at what regulatory methods the Labor Standards Act adopts. As a result of reviewing the flexible application(‘Derogation’) of the minimum standard for working conditions under the current Labor Standards Act, it is confirmed that workers' right to life and health is more focused on protecting workers' right to self-determination. Therefore, considering changes in the industrial structure and workers' life, it is necessary to seriously reflect on the ideological foundation of the mandatory labor protection law and improve the flexible application method(‘Derogation’) for finding ways to expand private autonomy. However, there is still a risk that expanding the possibility of private autonomy in the working time discipline will endanger the life and health of workers in a situation where long working hours are still prevalent. Therefore, even if the requirements for flexible application are deregulated, it should be able to thoroughly and effectively suppress outlawing and expedient methods through labor supervision. Therefore, this paper proposes to improve the legal system that can strengthen workers' right to choose between the selective working hour system and the discretionary working hour system, provided that the measures to protect the life and health of workers are strengthened and the procedural requirements are clarified.