취업규칙의 본질에 관한 일고찰 -우리 근로기준법 제개정사와 관련하여-

Employment rule is the first step to be an employee in a workplace. Employer supervises his workers by regulation of employment at work in substance. It is the almighty employment regulation trend. Nevertheless, this issue has not been discussed lively. There is, in fact, no clear definition clause of employment regulation in any laws. Furthermore, its origin can not be found in any Korean books related to labor law. However some people take for granted this trend which a employee is dominated by regulation of employment without a wide and deep study. Even many theories say an employer unilaterally establishes an employment rule and tighten the control uniformly over workspace. They have discussed to justify their premise without consistent foundation. Labor law, especially the Labor Standards Act aims to protect the vulnerable working-class. In this sense, the question the Labor Standards Act gives authority to a employer to draw up an regulatory employment regulation should be studied for a systematic approach to the Labor Standards Act. Therefore it is insisted the serious discussion should be practiced for a new understanding of work rule in a desirable way to labor protection ideals.