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학술논문노동법포럼2012.10 발행KCI 피인용 7

근로시간 제도의 합리적 구축방안에 관한 연구

A Study on possible plans to Restructure the System of Working Hours in the Labor Standards Act

박종희(고려대학교)

9호, 107~141쪽

초록

The system of working hours is a complex product that results from the institutional factors as well as market and cultural factors. Since the enactment of the Labor Standards Act, we have repeatedly amended the provisions with the system of working hours but the framework, which is made at the outset, has been kept without any alteration. Today, the system in the Act can not enough reflect some changes in labor surroundings, Furthermore, it comes out that the function of working hours does not work well, which should have been performed. This proposes three guidelines on restructuring the working hours system. First, the system should be organized as a acceptable institution in practice, which can perform the function of labor protection properly. Second, the system need to guarantee the industrial autonomy, based on the standard of maximum hours, considering individuality of the workplace. Third, the system should be framed to relieve the polarization problem in the labor market. In conclusion, this suggest that the system of working hours need to be restructured considering the above guidelines.

Abstract

The system of working hours is a complex product that results from the institutional factors as well as market and cultural factors. Since the enactment of the Labor Standards Act, we have repeatedly amended the provisions with the system of working hours but the framework, which is made at the outset, has been kept without any alteration. Today, the system in the Act can not enough reflect some changes in labor surroundings, Furthermore, it comes out that the function of working hours does not work well, which should have been performed. This proposes three guidelines on restructuring the working hours system. First, the system should be organized as a acceptable institution in practice, which can perform the function of labor protection properly. Second, the system need to guarantee the industrial autonomy, based on the standard of maximum hours, considering individuality of the workplace. Third, the system should be framed to relieve the polarization problem in the labor market. In conclusion, this suggest that the system of working hours need to be restructured considering the above guidelines.

발행기관:
노동법이론실무학회
분류:
법학

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근로시간 제도의 합리적 구축방안에 관한 연구 | 노동법포럼 2012 | AskLaw | 애스크로 AI