‘일하는 사람을 위한 기본법’ 제정의 필요성

Existing labor laws have divided working people into various standards and excluded some. On the other hand, future labor laws need to seek a direction that integrates and encompasses all working people into one category. The Basic Act for Working People aims to enact a fundamental law that targets all working people guarantee indispensable universal rights such as the right not to be discriminated against, the right to safety and health, the right to rest, maternity protection, and the existence of contracts. This idea is to provide additional protection with separate specific legislation for categories that require a higher level of protection provided by the Basic Act. Of course, the legislation of these fundamental laws is not intended to dismantle or mitigate the protection of existing labor laws. Instead, it intends to provide essential legal protection to all who provide labor for the business of others. Through this, workers whose status is disputed under the Labor Standards Act can be protected under the Basic Act even before being recognized as employees under the Labor Standards Act through lawsuits. Moreover, if they are recognized as employees under the Labor Standards Act, they can exercise all rights retroactively. In this respect, the Basic Act does not replace the Labor Standards Act but can function as a supplementary protection device for the Labor Standards Act.