근로감독기능의 지방자치단체 배분의 법적 한계 - 우크라이나 사례의 시사

It is argued that the authority to labour inspection entrusted to the Ministry of Employment and Labor, a central institution, should be delegated to the head of the local government. Labour inspection is one of the methods of fulfilling the nation’s obligation to guarantee basic rights. The nation has the discretion to decide who will perform this under what structure, but it should not choose an enforcement method that inevitably causes discrimination in the process of the nation’s fulfilling its obligations. However, the local autonomy system is a system that respects regional individuality and involves discriminatory effects depending on where residents reside, and it is difficult to accept that the standard of working conditions is an area where discrimination by region is not acceptable. Furthermore, this argument is difficult to meet the central authority control principle of Article 4 of the ILO Labour Inspection Convention, 1947 (No. 81). This is because the control of the central authority must be carried out in terms of personnel, material, and financial aspects, but it cannot be guaranteed by agency delegation. Meanwhile, Ukraine is attracting the attention of the ILO for violating Article 4 of the Convention No. 81. In Ukraine, the central authority delegated the labour inspection function to local governments on specific issues, and the ILO is demanding correction because the central authority in Ukraine did not actually control local governments in personnel, material, or finance.