재택근무에 대한 법적 규율 ― ILO 및 EU 국제기준에 비추어 본 국내 정책의 검토 ―

As part of social distancing since Covid-19, telework has rapidly spread, and its importance is being highlighted. In Korea, the utilization of teleworkers is increasing, and the Ministry of Employment and Labor's guidelines and manuals for introducing telework have been announced. However, telework is not yet regulated by Korean Employment Standard Act, so legal review is needed to establish basic principles and protect workers. International standards for telecommuting include the C177 Home Work Convention(ILO, 1996), R184 Home Work Recommendation (ILO, 1996) and EU Framework Agreement on Telework(2002). These instruments include ensuring equal treatment between normal workers and home workers, protections of key working condition – such as wages, working hours, occupatioanl safety measures and social security, labour inspection, protection from dismissal, and collective rights. When reviewing Korean policy on teleworkers focusing on the Ministry of Employment and Labor's manual on telework, it is important that new forms of work, such as digital platform work and crowdwork, is not to be excluded from labor law protection. Also of great importance is to guarantee employee’s true consent when implementing telework. Telework is a matter of harmonizing both the value of worker health and safety protection and maintaining corporate productivity which will require more effective legal protection beyond arbitrary guidelines in areas directly related to labour rights.