근로감독관제도의 재검토와 과제

The labor supervisor system was designed to prohibit the violation of the Labor Standard Act and other laws related with the labor protection by nature. The authorized labor supervisors were given the power like the right for investigating the workplace, ordering to submit the related documents, and inquiring as a judicial police officer under the Criminal Procedure Code. As such, the labor supervisor system is the most important administrative organization which is based upon The Constitutional Law and Labor Standard Act to protect the basic human right, the right to labor and minimum working condition. It is the chief aim that the legal structure of supervisory administration regulations, and the method for enhancing the efficiency of the labor supervisor system based on the labor law in this survey. Moreover, the research method is the Comparative Legal Review about the labor supervisor system and occupational safety and health, administrative guidance between Korea and Japan. As the result the of this survey, we could reveal the point that there are many functional and similarities between two countries like ordering corrective measures, or giving a warning. Otherwise, there are some difference about the correctional fine and the punishment. In this study, there are two primary suggestions about the labor supervisor system. One is the labor supervisor should be well trained about the criminal investigation as a judicial police officer by supporting many resources like professional knowledge, investigation techniques, sufficient budgets. The other is to give more importance to the instant clearance by the correctional fine which is more adaptable and effective than the criminal punishment. At last, it is needless to say that we have to train sufficient able labor supervisor.