취업규칙 제도의 변천 과정에 대한 평가와 향후 개선방향

Examining the creation and evolution of the rules of employment system on the 70th anniversary of the enactment of the Labor Standards Act carries significant implications. In South Korea, the rules of employment system perform a pivotal role, exhibiting greater influence than collective bargaining agreements at the worksite. Despite maintaining its foundational structure since creation, a substantial shift has occurred through the new rule that requires consent from a majority of employees for any unfavorable changes. This shift, however, was imperfectly executed, with the incongruous element of collective working condition decision principle grafted onto the base that acknowledges the employer's unilateral authority to draft rules of employment. Nevertheless, this has led to an expansion of the rules of employment system's range, which was previously confined to individual legal jurisdiction, into the realm of collective law. The basic premise that employers have the unilateral authority to draft rules of employment may have been accepted as natural given the labor relations and socio-economic circumstances of that time. However, today it is no longer considered self-evident. From the perspective of the principle of determination on the equality of working conditions, as well as the legitimacy of workplace order norms, it's increasingly accepted as natural that employees should participate as key stakeholders. In line with the progression and trends of labor law, proposals were made concerning the direction for the improvement and development of the current rules of employment system, especially with regards to the subject, object, effectiveness, and conflict resolution process. The Labor Standards Act and rules of employment system, which have passed their 70th anniversary, should ideally not adhere to the circumstances of their inception but evolve in accordance with today's labor reality and socio-economic conditions. The rules of employment system are inherently situated within this context.