영세사업장에 대한 노동법 적용과 근로감독

To guarantee laborer’s right of labor law, first, I suggest that labor standard law should be promoted expended application to small business ground with less than five laborers. Although wage laborers in small business ground with less than five laborers are 28.5 percent to all the korean wage laborers, and it occupied one third of korean wage laborers. Exclusion the clause of labor standard law from application in this small business ground, including limitation and overtime of working hours, additional payment(overdue wage) for night work and holiday work, limitation of unfair dismissal and so on, causes violation of labor standard law which is actually applicated. To overcome these problems, it is necessary to declare that labor standard law is applicated to every business ground(workplace) with more than one laborer. And it makes it obvious to revive basic duty of labor standard. Along with extended application of labor standard law, I suggest that It is necessary to reform labor supervisor administration for guaranteeing application of labor law to small business ground by comparing our labor supervisor adminstration with japanese one. Labor supervisor system should be reformed to make it stick to its original business which is preventive inspection to workplace. To do that, appointment system for labor supervisor should be reformed to professional, and business for group industrial relations occupying a large part of the work should be gradually abolished. and excessive business for supervising unpaid wages should be adjusted to reduce burden of work innovatively. As a alternative, I suggested that specialized institution to collect unpaid wages(overdue wages) should be established.