고려대학교

초록/요약

It has been over 70 years since labor law was enacted and implemented in Korea. While numerous revisions have been made, the fundamental structure and framework have remained largely unchanged. Nevertheless, there are still underlying issues that require careful consideration at a fundamental level. This paper examines seven key issues that warrant discussion. 1. Reflections on the Nature of Labor Protection Legislation Aimed at Preserving the Essence and Continuity of Labor Relations This section highlights that labor relations are inherently inseparable from the worker’s dignity, as labor itself is provided by the individual. Therefore, in addition to the employer’s primary obligation to pay wages, there is also a fundamental duty to ensure worker safety and protect their overall well-being. Furthermore, when interpreting expressions of intent in labor relations, the inherent power imbalance between the parties must be considered. Interpretations should prioritize worker protection while maintaining the stability and fairness of contractual relationships. 2. Reflections on the Misuse of Terminology That Presupposes Imbal- anced Relationships Instead of Promoting Equal Relations When defining the concept of a worker under the Labor Standards Act, it is suggested that the term "binding to the right to direct" is more appropriate than "subordination" in the context of the fundamental nature of the labor contract relationship. Additionally, the term "disciplinary action" is inappropriate when referring to disciplinary measures imposed on workers, as it neither results in a change in civil rights nor should be interpreted as a unilateral administrative measure taken by the employer from a position of superior authority. 3. Reflections on the Proper Understanding of Enterprises and Subsequent Labor Law Issues The economic activities of an enterprise cannot be sustained by capital alone; they require the integration of both invested capital and labor. In this context, the right to manage should be understood as an extension of the fundamental rights to economic activity rather than as a concept in direct opposition to the three fundamental labor rights. Instead of viewing managerial rights as conflicting with labor rights, they should be seen as a higher-level framework that encompasses and interacts with them. 4. Reflections on the Legally Recognized Status of Worker Groups (Worker Entities) and Their Rights The right to collective action, as protected under Article 33, Section 1 of the Constitution, should be interpreted as a broad concept that encompasses various forms of collective autonomy, rather than being limited solely to that exercised by labor unions. Under this interpretation, worker representatives could be recognized as legitimate entities with legal standing comparable to that of labor unions. 5. Reflections on the Principle of Attribution of Duties and Respon- sibilities in Relation to the Enjoyment of Rights and Benefits Based on the principle that equity requires assigning responsibilities and obligations in proportion to the enjoyment of rights and benefits, it is necessary to develop a solution that reasonably balances competing interests. In this regard, it is suggested that recognizing the employer status of the principal company can be justified under certain conditions. 6. Reflections on Legislative Inaction, Judicial Risk, and Legal Stability While resolving issues through legislation is the preferred approach, legislative inaction often results in recurring disputes. In such cases, courts may step in as de facto legislators through proactive inter- pretations, but judicial rulings tend to focus on individual cases rather than establishing a comprehensive legal framework, which can take a significant amount of time to develop. A notable example of this is the ongoing uncertainty surrounding the succession of labor relations in business transfers and the series of Supreme Court en banc rulings on ordinary wages. 7. Reflections on the Need for a Regulatory Framework That Allows for Autonomous and Rational Adjustment in Labor Relations There is a need to alleviate the rigidity of labor protection laws and explore ways to introduce greater flexibility that aligns with the realities of modern labor practices. For instance, the strict correlation between wages and working hours should be reconsidered, allowing room for autonomous agreements between labor and management to establish fair and practical working conditions.