근로계약과 사적 자치의 재검토

The labor law which modifies private autonomy places agreement autonomy as the key and ultimately seeks private autonomy through agreement autonomy. In this point of view, constitutional discordance adjudication of the Constitutional Court about the Supreme Court judgment that reviewed one-sided effect of the employment contract by separating essential conditions and requirements for taking effect of the employment contract and that expanded agreement autonomy, and the prescript of the Labor Union Act that regulated agreement autonomy is important in confirming the basic principles of the labor law.