근로기준법의 법체계적 지위 검토

How to understand the legal systematic status of the Labor Standards Act is an important issue that leads to different results in the formulation of labor relations norms, interpretation, and supplementation of defects. The dominant view of Korea is that the Labor Standards Act has a status as a special law of the civil law because the labor law has been historically created in order to solve contradictions of modern civil law in labor relations. However, the legal systematic status of the Labor Standards Act does not merely focus on the process of creation of labor laws in the West, but also on the relationship between the provisions of employment contracts and the Labor Standards Act, the process of enactment of the Labor Standards Act, and it should be understood in a comprehensive manner. In this regard, I have confirmed that the background and basis of the establishment of the Labor Standards Act of Korea is different from that of Germany or Japan by comparing the relationship between the employment contracts of Germany, Japan and Korea, And that the systematic status should be viewed not as a special law of the civil law but as a social law with a unique ideology and system.