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국제적으로 본 한국 근로기준법의 과제

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Problems of the Labour Standard Law in Korea from A Viewpoint of the International Standard

이을형

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1. The problem of the labour laws in Korea is to step up to match the international standard. Korea has been criticized by falling behind in legislation to shorten one og the longest working hours in the world while it is a member of OECD, which would not be desirable for the future of the country. Korea is asked to revise the current laws to meet the international standard following ILO's recommendation. 2. We have experienced the retrogressive revisions of the labour laws since three primary labour laws were enacted in 1953. Industrial conflicts since then have continued as such undesirable amendments have brought the deterioration of the work environment as well as inhuman treatment
against workers, and thus the protection of workers has fallen into the shade. The pending labour related laws in Korea lag behind in the international standard set by ILO. 3. A good indicator judging the level of the labour standard law in a country should be that the value for the life and the body of a worker is highly esteemed. In that sense, the situation in Korea is serious considering the casualties and the economic cost (out of industrial injury) has now hit Kwon 10trillion. Korea is also unjustly accused as a savage country by the fact that the number of workers who died from overwork is the highest in the world. The cause of such a disgrace should be on the shortage of watchdog out of only about 10% of union organizing rate owing to the intensified labour resulting from overheated competition as well as pursuit of profit and not any established administrative/penal responsibil! ! ity. 4. Every country initiate its own labour standard law enactment for the protection of workers who regarded as the weak socially as well as economically. In case of Korea however ignores 40 hour work week and a regular day off once a week, which are ILO's suggestion of agreement, by rather preparing conditions (Article 50-Clause 1&2/Article 52&54 of the labour standard law) with which the employer can force ite employees to extend the working hours if need be. In case of female worker, for example, the advanced countries in Europe and America observe the ILO agreement #103, Korea dose not however, to which the protection of mother's body being of prime concern, she can manage her household free fromcare of dis! ! missal with a short time working. 5. I think Korea heading toward an advanced country should enjoy the confidence of the international society by amending any laws in force fell short of the international standard, abolition of really existing discrimination including the irregular employment and also through legislation to meet ILO agreement and suggestion in advance of coming up to the standard in many advanced countries.

목차

ABSTRACT
 I. 서언
 II. 국제기준 미달의 상황과 근로기준법의 개요
 III. 근로자의 생명 신체 값의 수준과 실태
 IV. 국제적 관점과 우리의 노동 인식의 문제점
 V. 결어에 대신하여

저자정보

  • 이을형 전 숭실대 법대 교수, 한국비교노종법연구소 소장

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