취업규칙법제의 재검토 ― 집단적 참가의 구축을 중심으로 ―

It is a universal right of working people to speak out about their work and participate in determining working conditions. This article emphasized that the employment rules are a collective worker participation system that bridges Article 33 (1) of the Constitution and Article 32 (3) of the Constitution to realize the principle of determining equal working conditions. In order to examine the origin of the Korean employment rules system, the discussion at the time of the enactment of the Japanese Labor Standards Act was examined and the change in precedents was reviewed. Going back to the starting point of the establishment of the employment rule system, the purpose of this study was to re-establish the employment rules from the point of view of collective worker participation and to provide a basis for interpreting and legislating the employment rule system as a bridgehead to the co-determination system. In this article, it was argued that the origin of the Korean employment rules system, which introduced the employment rules of Japan's Labor Standards Act when the Labor Standards Act was enacted, and the meaning of the revision of the Labor Standards Act in 1989 should be reviewed. Although insufficient, the current employment rules system is a system that plays a role in collective worker participation, ensuring workers' opportunity to speak about their labor and ensuring collective participation so that the remarks can be made on an equal footing with the employers. This understanding pointed out that the employment rules and ‘listening to opinions’ regulations as a collective worker participation system should be reviewed. In addition, it was emphasized that it is necessary to develop an active worker participation system in a consultation or joint decision method to realize the purpose of the employment rule principle of equal decision for working conditions through collective worker participation in the workplace.