개별적 노사관계의 원형적 질서의 형성- 1950년대 근로기준법의 시행과정을 중심으로

The Formation of the Prototype Individual Industrial Relations: the enforcement and obserabation of the Labor Standard Law in 1950s. Kim, Jun (Sungkonghoe University) It is widely perceived that the Labor Standard Law of 1953 had turned out a dead letter through 1950s since it had too high standards to be observed. This paper tries to give some revision on that perception. Analysis based on some statistics, documents, and the Questions & Answers documented in a book published by a government authority in 1958, shows a quite different picture. The degree of enforcement and observation of the law was heightened significantly in the late 1950s. There was significant differences in the degree of observation between the sectors. It was relatively well observed in the public sectors, large private companies, and labor-organized sectors. In those sectors, the government inspection , public opinion, and the voices of trade unions worked as leverages. On the contrary, it was hardly observed at the small and medium sized private companies and non-union sectors since the disparities between actual employment practices and the labor standards written in the law. The government enforced the law arbitrarily and inconsistently time to time, case by case, and sector by sector rather than universally and consistently. As the result, a kind of "double structure" as a prototype of individual industrial relations was formed and it lasted long to the late 1980s.