헌법상 근로권의 내용과 성격에 대한 재해석

Since the advent of neo-liberalism, restructuring of company has become a daily event and unemployment renders fueling concerns. As Korea has successfully achieved economic growth over last three decades, Koreans have guaranteed their physical survival. However, as the influence of neo-liberalism become stronger as time passes by, the employment unstability began to threat social survival of people. This reality brings about the question on the true meaning of labor and that of constitutional 'right to work'. This study revisits the normative meaning of constitutional 'right to work', in this time of crisis of labor and labor jurisprudence. 'Right to work' could be defined as normative basis of employment security, which is 'enjoy free lifestyle through fruitful labor'. By tracking down the significance and context of 'right to work', a basis of theoretical and legal principle, this study strives to construct theoretical framework of practical methodology. In the past, legal awareness of 'right to work' was considered as a mere matter of legislation. Today, however, our society has agreed that all individuals have concrete 'rights to work' and in addition to this, evolutionary transformation to the complete form of the right through alternative system is in progress.