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학술논문노동법학2014.03 발행KCI 피인용 10

근로감시의 한계에 대한 법적 규율에 관한 연구

A Study on the Legality of Electronic Surveilance in Workplace

전윤구(경기대학교)

49호, 265~294쪽

초록

In recent years, with an environment of affordable technology and a lack of adequate regulation, there has been an explosion in the use of electronic monitoring and surveillance in the workplace. As a result, there has been growing conflict of interests between an employer and an employee regarding job monitoring. This paper takes up the challenge from an employee's privacy and personal information as the right of personality in workplace. In this paper, the topic can be divided into three parts. First this papers explores the origin of job monitoring to decide if it should be taken as working condition. Secondly, the study reveals that the legality of electronic monitoring and surveillance depends on a balance of an employer's reasonable interest and an employee's right of privacy in workplace. In conclusion, the study suggests the improvement of the Acts in relations to electronic surveillance including the Personal Information Protection.

Abstract

In recent years, with an environment of affordable technology and a lack of adequate regulation, there has been an explosion in the use of electronic monitoring and surveillance in the workplace. As a result, there has been growing conflict of interests between an employer and an employee regarding job monitoring. This paper takes up the challenge from an employee's privacy and personal information as the right of personality in workplace. In this paper, the topic can be divided into three parts. First this papers explores the origin of job monitoring to decide if it should be taken as working condition. Secondly, the study reveals that the legality of electronic monitoring and surveillance depends on a balance of an employer's reasonable interest and an employee's right of privacy in workplace. In conclusion, the study suggests the improvement of the Acts in relations to electronic surveillance including the Personal Information Protection.

발행기관:
한국노동법학회
분류:
노동법

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근로감시의 한계에 대한 법적 규율에 관한 연구 | 노동법학 2014 | AskLaw | 애스크로 AI