근로시간 및 휴게시간 특례규정의 개선방안

The purpose of regulating work and recess hours is for the labor's healthy and security problem and for ensuring the carefree leasure time and for the labor's refreshment and for the improving the working capabilities. However, in some cases, these regulations of work and recess hours will make it difficult to applicate the rule properly, because of its speciality. About this condition, Korea Labor Standards Act §59 now regulates the special provisions as to work and recess hours. But there are also some criticism that the special provisions as to work and recess hours is against the korea labor's rule and the criterion of ILO. Therefore, it is asked for reforming the Korea Labor Standards Act §59. According to these facts, this research had examined the Japanese special provisions as to work and recess hours as like Korea Labor Standards Act §59 and suggested its point of view. Implications are as follow: First, it should be regulated the coverage special provisions. Second, as appling the rule, the strict limitation against extending the working time should be set. Third, it should be embodied the meaning of "Labor Representative". Fourth, it will introduce the criterion of simultaneous endowment as to recess hours. Last, in the cases of overtime exceeding 8 hours, the endowment its criterion should be written down.