초록 열기/닫기 버튼


No private law, including the Labor Standard Act and other labor-related laws, proscribe any specific clause on a labor contract, despite its importance. Only precedent has determined the form of laws on a labor contract. But case law is lacking in certainty and predictability. Also, it can't meet the needs of modern labor and facts concerning personal labor such as a various types of employment, individual capacity, difficult working conditions, and labor flexibility. Therefore there have been some calls for the enactment of a labor contract, which should meet the needs of changing employment circumstances. Although it is generally accepted that a law on labor contracts should be enacted, there has been no investigation or discussion on what it’s basic principle and premise should be, or why the law should be legislated. The case law on labor contracts also doesn't make clear what its basic principle and purpose is. Therefore, this study aims to investigate the relationship between the law on labor contracts and the Constitution, and the basic principle and purpose thereof. This study will set out a framework of the laws on labor contracts with a constructive view and a legislative view. To concretize the above-mentioned aims, it also deals with human rights, personnel changes, and dismissals. Finally, in order to enact the right law on labor contracts, it is necessary that a critical investigation should be done in a careful and constructive manner.


No private law, including the Labor Standard Act and other labor-related laws, proscribe any specific clause on a labor contract, despite its importance. Only precedent has determined the form of laws on a labor contract. But case law is lacking in certainty and predictability. Also, it can't meet the needs of modern labor and facts concerning personal labor such as a various types of employment, individual capacity, difficult working conditions, and labor flexibility. Therefore there have been some calls for the enactment of a labor contract, which should meet the needs of changing employment circumstances. Although it is generally accepted that a law on labor contracts should be enacted, there has been no investigation or discussion on what it’s basic principle and premise should be, or why the law should be legislated. The case law on labor contracts also doesn't make clear what its basic principle and purpose is. Therefore, this study aims to investigate the relationship between the law on labor contracts and the Constitution, and the basic principle and purpose thereof. This study will set out a framework of the laws on labor contracts with a constructive view and a legislative view. To concretize the above-mentioned aims, it also deals with human rights, personnel changes, and dismissals. Finally, in order to enact the right law on labor contracts, it is necessary that a critical investigation should be done in a careful and constructive manner.