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학술논문노동법포럼2017.02 발행KCI 피인용 3

시대변혁기에 있어서 노동법의 역할

The roles of labor law under the age of innovation

이달휴(경북대학교)

20호, 5~35쪽

초록

Labor law came into the world to solve the contraction which occurred in the process of Industrial Revolution, that has promoted the development of capitalism. Social changes have changed so far since the labor law appeared. For instance, the social security law directly guarantee the survival rights of the human being, and the national consciousness has changed. Now is the Fourth Industrial Revolution the nature of which deepens the social polarization of labor and society and intensifies the employment crisis. At these times, the role of labor law need to be reconsidered. For this purpose, examining the historical aspects of labor law, I looked at the value of public welfare on the labor law. These descriptions are connected to the constitutional problems which is the basis of the labor law. The contemporary features which affect the labor law and the nature of labormanagement relation that labor law regulates are studied. On this basis, the roles of labor law are divided into three parts. First, the role that labor law realizes employees’dignity through labor. Second, the role that labor law transforms the mutual oppositive relationship between labor and management into the union of workers and their users. Third, the role that labor law promotes the public welfare. The purpose of labor law was presented to serve the roles of labor law. The dismissal of workers with low performance, the problems of temporary employee and the labor court at issue were considered on these grounds

Abstract

Labor law came into the world to solve the contraction which occurred in the process of Industrial Revolution, that has promoted the development of capitalism. Social changes have changed so far since the labor law appeared. For instance, the social security law directly guarantee the survival rights of the human being, and the national consciousness has changed. Now is the Fourth Industrial Revolution the nature of which deepens the social polarization of labor and society and intensifies the employment crisis. At these times, the role of labor law need to be reconsidered. For this purpose, examining the historical aspects of labor law, I looked at the value of public welfare on the labor law. These descriptions are connected to the constitutional problems which is the basis of the labor law. The contemporary features which affect the labor law and the nature of labormanagement relation that labor law regulates are studied. On this basis, the roles of labor law are divided into three parts. First, the role that labor law realizes employees’dignity through labor. Second, the role that labor law transforms the mutual oppositive relationship between labor and management into the union of workers and their users. Third, the role that labor law promotes the public welfare. The purpose of labor law was presented to serve the roles of labor law. The dismissal of workers with low performance, the problems of temporary employee and the labor court at issue were considered on these grounds

발행기관:
노동법이론실무학회
DOI:
http://dx.doi.org/10.46329/LLF.2017.02.20.5
분류:
법학

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