주휴일 제도의 입법적 개선방안

The paradigm of the labor market is changing rapidly. ‘Work and rest’ is a concern for both users and workers. Nevertheless, the weekly holiday system of the Labor Standards Act still maintains the framework of the early industrialization era that protects workers from excessive labor. The Labor Standards Act was revised in 2018 to reduce working hours, but there is still no significant change in the basic framework. The reduction of working hours can achieve its purpose completely when the holiday system is specifically realized. The rest system stipulated in the Labor Standards Act is operated anomalously in various forms in the labor reality. In particular, many parts of the method of granting holidays are delegated to the theory of interpretation. The rest system, which is far from reality, does not meet the minimum standards necessary for workers' lives, such as recovery from fatigue and health from continuous work. Therefore, it is necessary to improve the rest system stipulated in the Labor Standards Act, and among them, the regulations related to the holiday system are embodied and realized. The weekly holiday system of the Labor Standards Act has both the nature of monetary compensation and the nature of rest time guarantee, and the establishment of ‘one week’ as a guarantee requirement for paid weekly holidays is a representative sign of the nature of monetary compensation. However, defining and rewarding certain requirements for rest as well as the weekly holiday system arises as an obstacle in terms of guaranteeing rest, a prerequisite for balancing work and rest. In order to solve this problem, the nature of monetary compensation, one of the two characteristics of the weekly holiday system, must be eliminated, and a social universal holiday with only the nature of guaranteeing rest time should be established. In order for the weekly holiday system of the Labor Standards Act to be further realized and embodied, there are numerous tasks to be solved. Legislative supplementation is needed to resolve the national goal of reducing working hours and the demands of the times of “harmony between work and rest.”