노동법을 보완하는 노동조례의 사례와 특성

Labor law has modified the principles of modern civil law to ensure the equal balance of bargaining power between employees and employers, thus ensuring the human dignity of employees. However, globalization, neo-liberalism and technological progress have shown limitations of the protection system of labor law, resulting in skepticism about the role of labor law. This study seeks to explore the potential of the labor ordinances as an alternative to complement labor law through examples and characteristics of the labor ordinances enacted reflecting the economic and social situation related to the crisis that labor law is experiencing recently. First of all, this study examines the legislative intent and substances of the following ordinances respectively : living wage ordinance, employee directors ordinance, freelance ordinance and ordinance of labor human rights education. Subsequently, this thesis discuss the characteristics of the labor ordinances suitable for supplementing the labor law, which enables faster legislation and application than an act, ensures the improved worker protection, makes various legislative attempts reflecting local nature, and contributes to the actual implementation of participatory democracy. On the other hand, limiting features of the labor ordinances in supplementing labor law are suggested, which are the constraint of subjects of the labor ordinances, the difficulty in securing the binding force in the private sector, and the lack of stability and systemicity. And alternatives to overcome these problems are followed also. The conclusion argues that, despite its limitations, labor ordinances legislation can function as a complementary alternative to the crisis of labor law and explains the need for active legislative action through the role and solidarity of local workers and civic groups.