취업규칙의 내용통제에 관한 법이론적 검토

This Paper is based on the legal theory about Contents-control of the Rules of Employment. Specifically, first, it is the fundamental reason of Contents-control of the Rules of Employment that they can make the contents of the Employee’s work-provides obligations clear and predict and control those by establishing the legal bases. Second, Contents-control of the Rules of Employment has to judge the justification in reference to the principle of private autonomy. It shows with self-determination and Comparable decision of working conditions. And it shows clearly that Contents-control of the Rules of Employment is a way for the essential equality between a employer and employees. Third, this paper provides the grounds that are based on positive law about Contents-control of the Rules of Employment. Specifically, the grounds are Principle of good faith(Article 2 of the Civil Law) and Principle of comparable decision of working conditions(Article 3 of the Labor Standard Law). And this paper provides how these Principle control the contents of the Rules of Employment. Fourth, in practice, it is needed for Contents-control of the Rules of Employment to decide the sentence between Employers‘ advantages and Employees’ advantages. It is so called theory of objective deciding the sentence. However, the basis of Contents-control is objective advantages between the two, these are the meaning of a recovery of the self-determination at the same time. And this paper provides the adjustment(the mind of the self-determination and objective advantages between the two) between the two. Fifth, this paper provides the effects on Contents-control of the Rules of Employment. Especially, it becomes effective that Contents-control defeats the whole object of the Rules of Employment, it is also available on the contents of an agreement as amended.