근로시간법제의 성격과 개선과제

The purpose of this paper is based on working hours to look at the constitutional laws, working hours and rest within the current Labor Standards Act in drafting the regulations governing the nature of the legal working hours are based on the nature of public law that will. These checks also eliminates the practice of long working hours and to shorten actual working hours as a way to improve the legal system to interpret and clearly that you must be as you wish. The cause of long time working can be found in various aspects. In terms of legal aspects, the shortcomings of the law itself plays important role as well as interpretation and application of legal regulations. This study is to check contents and to diagnose the problem as one of the causes of the current labor laws. Also it tries to suggest improvement plan at the law analysis or formation. Reducing actual working hours by solving the practice of long time working guarantees a living worthy of human dignity and the right of pursuing happiness by giving free time for having worker's safety and health and enjoying culture. Also job creation and sharing by reducing actual working hours contributes to the growth of the national economy through the harmony between labor and management. The Labor Standards Act introduces that overtime work includes extended work, and night work, holiday work. To avoid constantly overtime work, the Act sets general requirement as agreement between labor and management. And also it forces the additional payment by considering having an influence overtime working on worker. It also has criminal penalties for employers who exceed the limits allowed by law or don't give additional payment. Meanwhile, it has a various consideration in order to minimize the production activities infringement of the employer from hard limits of overtime working. Through the written agreement with employee representatives, it may design flexible work hours or introduce special schemes and exclude the application of legislation of overtime working for small business and particular business area. There are the following things that are the Improvement of working time system to eliminate the practice of long time working and reduce actual working hours. First, set the maximum legal working hours for one day and one week and exchange legal working hours for the maximum working hours. Second, the type of shift work including constantly overtime work should be prohibited by law. Third, Blanket Wage System is permitted only in exceptional cases which are specified employment contract and the scope should be limited to a certain type of employees. Fourth, the rule that have to add uniformly 50% of normal wages for overtime work should be adjusted with the improvement of wage system. Fifth, upper limit for overtime working should be set in flexible working hours system or special system, not applicable to workplace.