공정으로서 노동3권의 시론


The comtemporary opinion on the labor’s three primary rights as a fairness


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As the Fourth industrial Revolution began, social polarization more and more entrenched as a social problem, and machines are expanding the scope of replacing labor. Given this social environment, limitations arise that traditional labor law logic cannot solve these problems. As an alternative, it is necessary to study the theory of labor rights as a fairness. The first thing that comes to mind when you’re faced with word is the justice as fairness of John Rawls. There are many implication for the definition of a fairness, but the meaning of the fairness is as diverse and complex as the definition is. We need to materialize and clarify the meaning of fairness in this regard, and we looked at the meaning of fairness and the principle of fairness accordingly. In other words, fairness is the embodiment of justice and the virtue. Under the premise of this fair meaning. the principle of passive fairness, the principle of positive fairness and the principle of fair negotiation were put forward. And as we have applied this principle of fairness to labor law, it is the application of vertical fairness, the application of horizontal fairness and the application of procedural fairness. Under the positive law, the Fair Representative’s Duty Regulations were newly established after multiple labor unions were recognized under the Trade Union and Labor Relations Adjustment Act. The word of fairness was first stipulated in the Trade Union and Labor Relations Adjustment Act as positive law. In addition to the Fair Representative’s Duty, the system related to fairness in the labor law is a system of unfair labor practices. meaning that the U.S. system of unfair labor practices was designed to establish fair order of labor-management relation. Specifically, it is designed to ensure competitive fairness. In sum, the labor basic right are mainly related to horizontal fairness, and the right of collective action is the logic of forming equal forces on the basis of the principle of protection for horizontal fairness.


Ⅰ. 서론
Ⅱ. 공정으로서의 노동3권의 배경과 목적
Ⅲ. 공정의 의미와 공정성의 원칙
Ⅳ. 공정원칙의 노동영역 적용(공정성의 ㅜ자 적용)
Ⅴ. 결론


  • 이달휴 Lee Dahl Hugh. 경북대학교 법학전문대학원 교수, 법학박사.


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