고려대학교

초록/요약

The Labor Standards Act has been amended several times in response to changes in the reality of work. Recently, not only have there been micro changes in the way people work, but there have also been dramatic structural changes in the industry. This calls for a paradigm shift in the labor law system. In particular, care work is a type of work that cannot be taken into account in the traditional factory labor system. Care work is characterised by its variable hours and location. In addition, the mode of labor provision is autonomous. Under such circumstances, it is not convincing to apply the current labor law system as it is. The areas that need protection are not protected, and a detailed regulatory system tailored to different forms of work is needed, rather than a very strong labor law regulatory system operating in areas that do not need protection. Accordingly, the legal nature of care work was analysed. A way was then presented to ensure that the functions of statutory working time are distinguished and that the necessary parts of care work are protected. In addition, a way was presented to deal with rest periods in a flexible way and to regulate them without unreasonable restrictions. It is necessary to prevent users from escaping from the labor law and to establish a separate law that reflects the substance of care work by presenting a legislative regulation plan suitable for a call-type work system in which the prescribed contractual work hours are not predetermined.