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노동개혁을 위한 노동법의 과제― 근로시간ㆍ해고ㆍ취업규칙의 개정론을 중심으로 ―

Title
노동개혁을 위한 노동법의 과제― 근로시간ㆍ해고ㆍ취업규칙의 개정론을 중심으로 ―
Other Titles
A Critical Review of Proposals for Labour Reform
Author
강성태
Keywords
노동개혁; 915합의; 일반해고; 근로시간; 취업규칙; labour reform; working time; dismissal for personal reasons; work rule; Social Great Agreement on September 15
Issue Date
2015-12
Publisher
한국노동법학회
Citation
노동법학, NO 56, Page. 91-110
Abstract
Korean government has driven labour reform seriously since the summer of 2015. Social Great Agreement among labor, management and government (hereafter Social Agreement) was achieved on September, 15. The next day, Saenuri Party, the ruling party, proposed five drafts for amending labour laws. This paper aims to review the five proposals for labour reforms critically. To achieve this goal, I examine the draft for refining working time law, the attempt to weaken dismissal regulation and the plan to ease work rule system. According to the amendment for working time law, overtime work will include the time of rest day working, shortening the maximum of working time in a week to 52 hours. The current law, however, already provide that the maximum of working time is 52 hours, so that the amendment starts from the wrong premise. In order to shorten working time, first of all, daily rest time should be required no less than 11 hours. Korean government tries to revise the law or to make a guideline concerning as dismissal for low-performance workers. The current level of employment security in Korea is approximately 60% of the average of OECD countries. That is to say, it is not a time to make the dismissal law more flexible. We should note that the weakening the dismissal law would bring more disadvantages than advantages. It is very dangerous that the principle of just dismissal is slipped down. The government"s plan to ease work rule system is not correct. It is desirable that workers and managers can make or change the system together as the international labour standards or the most of OECD countries. To succeed the reform, the Government and the Assembly have to keep in mind that more important thing is in details than general agreement.
URI
http://www.dbpia.co.kr/Journal/ArticleDetail/NODE06588984http://hdl.handle.net/20.500.11754/29563
ISSN
1229-2141
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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