스마트 환경 하에서 근로관계의 법적 문제점 스마트워크 가이드라인의 검토를 중심으로

Recently, working outside of workplaces is spreading widely around the world; using internet as well as various mobile devices makes it possible. For this measurement, Korean government named this situation as ‘Smart Work’ which once was called Telework. In 2011, the government made ‘the Guideline for the applications of labour laws on Smart Work’(hereafter ‘smart work guideline’ or only ‘guideline’). As for the definition of smart work, the guideline depends on two factors in the way most countries define telework: technical factor of using data communication equipment, and locational factor considering that it is beyond the boundary of main workplace. In the view of regulating working conditions of smart-workers, smart work guideline mainly depends on ‘2008 Telecommuting guideline’ introduced by Japanese Ministry of Health, Labor and Welfare. Although the system and contents might look like similar, smart guideline has differences in some aspects. ‘Framework Convention on Telework’ of EU as well as ‘Agreement on data processing in 2005’ of France stresses on voluntary charter of telework, equal treatment of teleworkers in working conditions and vocational training. Protection of workers’ privacy and collective rights of teleworkers are also highlighted. According to foreign criteria of labour standards, partial amendment or complementary measures should be set, such as following: specification of the protection of collective rights, detailed or elaborated regulations on night shift and holiday work, elimination of unnecessary regulations of Occupational Safety and Health Act as well as job-related accident, reinforcement of the regulations to secure the voluntariness, equal treatments for teleworkers and foundation of the regulations concerned with protection of privacy as well as personal information.