노동기본권의 실현을 위한 의회와 법원의 역할

Article 32, 33 of the constitutional law contains labour issue. labouring is one of the most foundational elements, building up a basic livelihood of a person. Social structure and function also intertwine with labour issue often directly and indirectly. Therefore, the labour issue should be recognized as a process of reconciliation with other constitutional values of the dignity of man, the freedom of occupation, property right and economic order. Citizens including politicians tries to put the labour issue on the table for constitutional amendment. Although it is generally understood that the present Consitutional Law could never be something with no flaws, it is still questionable that ideology and values of constitutional law actually come into force in the labour issue. Within these contexts, this research deals with rather actualization than amendment focusing on the importance of the role of court and legislative formation of lawmakers. Theoretical problems with the concept of labourer and its interpretation by court including the Constitutional Court, which were discussed based on reality of the law, needs an overall reappraisal. The role of lawmakers is essential to articulate the supreme norm, the constitutional value, into the lower legal system. The citizens would realize better their rights with the court’s ruling in the light of the effect of the fundamental human rights upon the third person.