근로계약상의 부수적 의무에 관한 고찰 －영국, 독일, 미국을 중심으로－

The term “labor contract” means a contract which have been signed between employer and employee for the purpose of the discipline of the labor conditions. According to Labor Standards Act article 2(1) 4, These Articles state that the term “labor contract” means a contract which is entered into in order that a worker offers labor for which the employer pays its corresponding wages. Hereby, when it come to labor contract, contracting parties should bear the basic obligation of offering labor and paying wages. And contracting parties should bear the different Incident duties on the principle of good faith as well as these basic obligation. There are frequent occasions when the Incident duties are occurred by the law, but most of the incident duties are occurred by the principle of good faith. And these incident duties are to be imposed with in the four corners of not violating unduly another’s right. Laborer’s incident duty includes duty not to work for a competitor, duty of confidence, duty of enterprise order etc. And employer’s incident duty includes duty of diligence, duty of personality care, duty of workplace environment care duty of protecting the private information, etc. Now our country’s incident duties on the labor contract are ruled not by Labor Standards Act but by principle of good faith, precedent case, and legal principles. In other words, incident duties on the labor contract mostly occurred on principle of good faith, so the details of incident duties on the labor contract give a birth to the dispute related to labor. these also become the cause of a conflict between labor and capital. Therefore, the principles of the least legal, institutional installation incident duties on the labor contract are demanded. Consequently, this study has inquired the incident duties of the advanced countries in order to make our incident duties on the labor contract parties laws henceforth in Korea.