애스크로AIPublic Preview
← 학술논문 검색
학술논문노동법학2019.09 발행KCI 피인용 1

이성과 감정에 근거한 노동법상 제도의 이해

Understanding the Labor Law System based on Reason and Emotion

이달휴(경북대학교)

71호, 179~218쪽

초록

If we look at human reason on the basis of scientific biology, It is a comparative ability to differentiate and self-love. And reason is essentially the same as emotion because it is rooted in emotion. However, emotion is temporal and small in scale, whereas reason is continuous and not temporary, and when large unit, law is taken into account, they are national-level emotion. This understanding of reason and emotion gives rise to an easy understanding of the system of labor law. Thus, the general labor law system represents the degree of acceptance of emotion considering the sustaining power of the organization, and the commonly used expression of fairness is the concept of expressing the acceptance of emotion in abstract language. We also considered that the social issues of irregular labor, emotional labor, and minimum wage should be examined from this perspective: is the system for the sustaining power of the society, and is it acceptable to the emotion, and is it possible to promote my development in the system? As for the question of which system is the best one, therefore, it is a case in which the system works to develop and keep the society in existence. Especially in capitalist society, when it is related to income, whether to increase individual income is the criterion for determining the sustaining power of the system. Thus, when creating a system, the realistic situations should be recognized, which means that human emotions under such a system should be considered. And even if the majority want such a system, it is not sustainable without the development of the society as a result. Because they don’t get the response of reason, that is, rational emotion. And the revolutionary system in development, there is a high probability of failure because the average person is unrecognizable. As such, every system can be said to be a means to realize human dignity and value, and the system is ultimately based on human reason and emotion. Human reason are essentially one of emotion, but reason differs from other emotion in terms of the size and sustainability of the society, so this persistence can easily be understood in terms of its sustainability and scale. Therefore, since we understand and recognize the intent of system easily, there is a high probability of success if the system is consistent with reason as an emotion.

Abstract

If we look at human reason on the basis of scientific biology, It is a comparative ability to differentiate and self-love. And reason is essentially the same as emotion because it is rooted in emotion. However, emotion is temporal and small in scale, whereas reason is continuous and not temporary, and when large unit, law is taken into account, they are national-level emotion. This understanding of reason and emotion gives rise to an easy understanding of the system of labor law. Thus, the general labor law system represents the degree of acceptance of emotion considering the sustaining power of the organization, and the commonly used expression of fairness is the concept of expressing the acceptance of emotion in abstract language. We also considered that the social issues of irregular labor, emotional labor, and minimum wage should be examined from this perspective: is the system for the sustaining power of the society, and is it acceptable to the emotion, and is it possible to promote my development in the system? As for the question of which system is the best one, therefore, it is a case in which the system works to develop and keep the society in existence. Especially in capitalist society, when it is related to income, whether to increase individual income is the criterion for determining the sustaining power of the system. Thus, when creating a system, the realistic situations should be recognized, which means that human emotions under such a system should be considered. And even if the majority want such a system, it is not sustainable without the development of the society as a result. Because they don’t get the response of reason, that is, rational emotion. And the revolutionary system in development, there is a high probability of failure because the average person is unrecognizable. As such, every system can be said to be a means to realize human dignity and value, and the system is ultimately based on human reason and emotion. Human reason are essentially one of emotion, but reason differs from other emotion in terms of the size and sustainability of the society, so this persistence can easily be understood in terms of its sustainability and scale. Therefore, since we understand and recognize the intent of system easily, there is a high probability of success if the system is consistent with reason as an emotion.

발행기관:
한국노동법학회
분류:
노동법

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
이성과 감정에 근거한 노동법상 제도의 이해 | 노동법학 2019 | AskLaw | 애스크로 AI