주휴일 제도에 관한 국제노동기준과 한국법의 비교법적 검토

The purpose of this article is to examine the international labor standards regarding weekly rest and to suggest improvement tasks through comparison with Korean law. The basic principles of weekly rest that can be derived from international labor standards are universality of weekly rest, regularity, continuity and uniformity of at least 24 hours of weekly rest during a period of seven days, coincidence with the days established by tradition or custom, consideration for religious minorities, restrictions on work during weekly rest, and granting compensatory rest in all cases of authorized exemption from the basic 24-hour weekly rest rule. According to the Labor Standards Act, the characteristics of Korea's weekly holiday system are as follows. The categories of workers excluded from the application of weekly holidays are relatively broad. Paid weekly rest of at least one day is granted on condition that you have been to work on all the days you are scheduled to work during the week. Weekly rest day is not specified by law, and companies can voluntarily decide on weekly holidays. There is no stipulation as to whether working during weekly rest is permitted or whether compensatory rest should be granted in case of working during weekly rest. The tasks to improve the weekly holiday system under the Labor Standards Act are as follows. First, in order to establish the universality of weekly holidays, the scope of workers excluded from the application of the weekly rest system should be reduced, and the current regulation of “one day or more on average per week” should be changed to “at least one day every week' to better conform to the regularity of weekly rest. Second, in order to meet the request for the uniformity of weekly rest and conformity with traditional and customary rest days, it should be forced to stipulate a weekly rest day in the workplace rules, and if no specific day is stipulated, the day of weekly rest shall be regarded as Sunday, but exceptions shall be allowed for religious minorities. Third, work during weekly rest should be permitted as a condition of granting an compensatory rest within an appropriate period in special cases where it is always or temporarily unavoidable. In this case, the right of workers to refuse to work during weekly rest and to choose a compensatory rest day should be guaranteed. Finally, although unpaid weekly rest helps to promote the improvement of weekly rest system, it should be carefully reviewed in consideration of the history of the paid weekly rest system, the confidence in its system of members of society, and the side effects or adverse effects of unpaid weekly rest system.