주휴제도에 관한 논의와 쟁점

The purpose of this article is to seek ways to improve the holiday system, especially the weekly paid holiday system, under the Labor Standards Act. In our laws and regulations, the weekly paid holiday system is stipulated in a way that guarantees paid holidays, unlike international standards. In the international standard, the weekly paid holiday system guarantees the minimum right to rest for workers, whereas our country's weekly paid holiday system guarantees the right to rest and provides monetary compensation through work on weekly holidays. Based on these problems, we seek ways to clearly define the legal significance of the weekly paid holiday system. The current legislative form on the weekly paid holiday system has limitations in reflecting the significance of the weekly paid holiday system, so reviewing the extent to which the significance of the weekly paid holiday system is considered in the content and interpretation will be the basis of the discussion. According to the current regulations, the problems with the weekly paid holiday system are the legislative system in which there are no restrictions on working on weekly holidays if only an additional wage is paid for work on weekly holidays, which is different from the international standard. Based on these problems, after examining the main issues of the weekly paid holiday system, such as the relationship between holidays and holiday work, and violation of the obligation to grant paid weekly vacation allowance, the meaning of the weekly vacation system was clearly defined, We seek a solution by allowing exceptions while prohibiting in principle.