스마트기기를 활용한 근로와 근로시간의 쟁점 및 개선방안 - 퇴근 후 카톡금지법을 중심으로 -

Recently, the side effects of using smart devices at work have been increasing. Amid rising concerns on the issue, the concept of a “right to disconnect” has emerged. It is a right to not respond to business e-mails, telephones, or messages etc. after work. This is based on (i) the health and wellbeing of workers, (ii) the work-life balance, and (iii) improvement of operational efficiency. In Korea, a congressman Shin, Kyung Min of the Minjoo Party of Korea proposed a bill (Number 400), so-called the “KakaoTalk Prohibition Act after Work”, which bans firms from issuing orders through SNS after work. In addition, the Seoul Metropolitan Government also proposed an ordinance regarding a “right to disconnect.” Although a lot of people gave positive feedbacks, some people cast a doubt on the proposal. Especially, it is difficult to make a legal judgment whether works ordered through smart devices are subject to the regular working hours. Besides, it is necessary to review whether it can be applied to companies in reality. Another problem is that it can be an excessive intervention in management or restraint upon management entities. Additionally, it is almost impossible to measure the exact working hours given the nature of works using smart devices. Discussions on a “right to disconnect” must begin. At the same time, we need to proceed the structure of establishing the infrastructure required to introduce it. Consequently, it is important to carry out balanced polices between taking advantage of smart work and protecting employees' privacy.