우리 헌법언어로서 「근로(勤勞)」와 「근로자(勤勞者)」 ― 「근로자(勤勞者)」의 새로운 의미를 찾아서 ―

Our society started from an agricultural-oriented society before the mid-20th century and went through a second and third industrial society centered on manufacturing in the late 20th century, and is now turning into a new so-called fourth industrial society based on the next industrial revolution led by artificial intelligence(AI), IoT, robot technology, drones, self-driving cars, and VR. In addition, the so-called “typical” employment form, which was established based on the 2nd and 3rd industrial societies, is becoming “unusual” in society, whereas the conventional exceptional or temporary employment form, which was considered “non-regular” in the actual labor law, is normal. In this social and indutrial situation, the question of “what is “근로(勤勞: the industrious working)” what our Constitution calls and who is “근로자(勤勞者: the industrious worker)” in the Constitutional Law is emerging as the hot words again. The Constitution has consistently used the term “근로(勤勞: the industrious working)” since liberation. Despite the constitutional consistency in the use of the terms: “근로(勤勞: the industrious working)” and “근로자(勤勞者: the industrious worker)”, our labor legislation deviates from the Constitution and defines “근로(勤勞: the industrious working)” as the language of the Constitution and uses a mix of self-lingual words, “근로(勤勞: the industrious working)”. So, what does mean the “근로(勤勞: the industrious working)” as the constitutional word, and for whom is made the “근로자(勤勞者: the industrious worker)” as the constitutional word? What kind of legal existence and existence should it be in the future? In this paper, we tried something about the implications of the terms “근로(勤勞: the industrious working)” and “근로자(勤勞者: the industrious worker)” as the words of Korean Constitutional Law with the so-called the spirit knowing the new by the old.