유럽연합의 유연안전성 전략과 노동법의 역할

Globalisation and the changes in the economic environment require transformation of the labour law. One of the recommended methods for this issue was the flexibility in Anglo-American labour market. However,the EU prefers to develop the flexicurity strategy, whilst standing by the labour market which is fair, more responsive, inclusive, and contributing to the competitiveness of Europe. Flexicurity was first discussed in public by the Green Paper, ‘Modernising labour law to meet the challenges of the 21st century’, launched by the EU Commission, in November 2006. Flexicurity strategy of EU simplifies the role of collective labour law framework engaging trade unions and emphasize on structural reform of labour markets to increase flexibility and enhance employment for unemployed labour market outsiders at the expense of employed insiders. Nevertheless, the function of collective labour law and collective agreement in achieving the goal of labour market is still very important. Collective agreement between social partners play a crucial role in flexible individual employment, and the achievement of labour market’s goal which is pursued by the flexicurity requires the outline of collective labour law. Flexicurity must be promoted by the legislation, and by the social communication and agreement of the social partners. The original purpose of labour law and traditional model should be valid, not be abrogated. Labor law and the collective bargaining should rather support the original purpose and accelerate traditional model.