사업장 노동감시의 해외 규제제도에 관한 사례연구

From a comparative perspective, this study examines the regulatory institution of Western countries to restrict employers' workplace surveillance. The international standards and those countries' statutory regulation to protect workerfrom employer surveillance show that the historical evolution of regulatory institutions concerning workplace privacy has extended from the domain of civil right to that of labor right. At the same time, two distinctive approaches toward the statutory regulation over workplace surveillance are identified in those Western countries: the labor privacy priority model (EU countries, excluding U.K., and Australia) and employer property right model (the U.S., U.K., and Canada). This difference between the European and Anglo-saxon countries chiefly reflect the contrasting power balance between organized labor and business groups. This comparative case study addresses some policy implications, such as the promotion of social attention to the urgency of labor privacy protection to meet international standards, simultaneous approach toward protective legislation concerning civil privacy and workplace surveillance, and the strategic use of social dialogue to elevate workplace surveillance to the key issue of national agenda.