제18대 국회에 제출된「근로기준법」개정안 주요내용의 분석과 검토

The purpose of this study is to analyze the problem and to review the bills on the Labor Standard Act of the 18th National Assembly of the Korea. Although labor circumstances have been changed during modern history of Korea, there is doubt about Labor law system. Almost of legislation was made up by the political decision and stakeholder's compromise. It caused chaos on legal system and legislative error on Labor law. So, it has to be reconstruct the systemic legal structure of Labor law by improving validity of revision and checking the legislative evaluation. For the works, this study reviewed moot point of the bills on the Labor Standard Act of the 18th term. There are all 49 bills submitted to commission what consist of subject is labor condition 32(53.33%), maternity 17(28.33%), process 5(8.33%), sanction 1(1.66%), others 2(3.33%). It can be abstracted the issue about ① layoff, ② specify work conditions on labor contracts, ③ maternity, ④ process to call for overdue wages,⑤ sanctions on employers who habitually offense the law overdue wages. In conclusion, it should be changed the process of compromise draft which participate in the representative employees on layoff clause. Although specification work conditions on labor contracts bill passed and enforced law, it was not sufficient to protect work condition. About maternity leave, the duration has to be prolonged by ILO standard. Especially, the process to call for overdue wage to the Labor Relations Commission is not adoptable to reasonable remedy procedure. The Local government arbitrational action before the investigation procedure by the office of the Ministry of Labor would be the resolution for critical situation to solve the overdue wage problem. Make public the names of employers who habitually offense the law overdue wages as a sanctions on employers might be unconstitutional by unreasonable regulation.