헌정 60년 노동관계법의 전개와 노동인권 상황의 변화

This article analyzes dramatic changes in labor relations system in Korea since 1948. It focuses on the contents of the labor relations law as well as the procedures of enactment of law. In general, Korea has undergone the normalization process both in the contents of law and procedures of enactment of law. The original labor legislation in Korea was shaped by the United States Army Military Government in Korea(USAMGIK) during 1945 to 1948. The labor policies of the USAMGIK was the origin of the Korean Industrial Relations, and the nature and structure of industrial relations during this time has had a significant impact on the development of industrial relations up to now. The changes in labor relations system in Korea can be summarized as the process of fighting against the legacy of the labor policies of USAMGIK. Since the foundation of Korean Constitution in 1948, the labor rights in Korea have been in the direction of institutionalizing or systematizing labor disputes, which means labor disputes have been regulated more by law rather by direct interventions of government. The contents of law have been generally changed into protecting labor rights. The enactments of labor legislation have been influenced by the participation of social partners, whereas in times of military dictatorship it was unilaterally determined by irregular legislative bodies. In these points, Korea has achieved great success in protecting labor rights after democratization in 1987. However, there are some problems to be solved. First, courts have gone in the reverse directions in terms of protecting labor rights after democratization in 1990s. They have changed their positions into giving the efficiency of management high priorities over protecting labor rights. In this regard, I believe the establishment of independent professional labor court system is required. Second, there needs to make a system to protect labor rights of minorities who left behind the current labor union system such as irregular employees, female employees, young employees and so on.