근로기준법 제62조 연차유급휴가 대체의 쟁점과 입법적 보완 방안

The substituting system for annual paid leave under Article 62 of the Korean Labor Standards Act is a system that is very actively used. However, the academic interpretation theory of Article 62 of the Labor Standards Act has not been established. It is only operated by the fragmentary administrative interpretation of the administrative agencies. It is stipulated that a written agreement with the worker representative is required for the implementation of the annual paid leave alternative system, but the meaning and legal character of the worker representative and written agreement are not clearly understood yet. Focusing on these problems, I reviewed the history and background of the introduction of the substituting system for annual paid leave stipulated in the Labor Standards Act. At the time when an substituting system for annual paid leave was created, it was important to increase the number of days that people could take annual paid leave, but nowadays the right to specify the time that they can use their leave at any time is becoming more important. Based on these assumptions, I tried to systematically reestablish the interpretation theory regarding the substituting system for annual paid leave. Specifically, I suggested the theory of representatives is applied to investigate the authority of the representatives of workers, democratical electing process of the worker representative, and the system for selecting worker representatives in advance in response to workers' demands and so on. Finally, I proposed a solution through the legislation of the labor representative's conduct law. And I have demonstrated that the written agreement‘s effect is superior to labor contracts, work rules and collective agreements. Finally, I suggested that the planned consecutive holidays system of Japan should be refered to protect workers' right to designate the appoint time. I think such academic indifference is an important reason why even the majority of workers wishing to substitute their annual paid leave have fallen into a system that has no choice but to await the disposal of employers. I hope that it will be thoroughly analyzed from Article 62 of the Labor Standards Act, and that it will be further systematically and logically interpreted.