제정 노동법과 현행 노동법의 비교연구와 그 의미

When compared to the enacted labor laws, the current labor law can be confirmed to have undergone significant revisions in the context of economic crises and social dialogue. Understanding the legislative background of the enacted labor laws contributes as a historical interpretation, supplementing the interpretation of the current labor laws, and furthermore, can serve as important reference material for future revisions of labor laws. This possibility can be found not only in labor laws but also in other domestic laws, emphasizing the importance of comparative law research not only between domestic and foreign laws but also from a comprehensive perspective within domestic laws. Korea shares many historical experiences with other Asian countries in the 20th century, such as colonial rule, military occupation, civil war, authoritarian rule, and economic crises. Moreover, it also shares legal cultures with other Asian countries, including traditional legal ideologies represented by Confucianism, informal regulatory systems, such as the entanglement of politics and economics, and internal workplace regulations that do not adhere to labor standards. The sharing of such historical and cultural experiences can serve as a source of inspiration for the labor laws of other Asian countries, implying the potential for Korean labor law to play a crucial role as a significant foundation in shaping the labor legal systems of Asian nations, distinct from ILO agreements. While previous comparative law studies focused on the “import potential” of our legal system through research on Western legal systems, it is now time to explore the “export potential” of our legal system to other Asian countries through a comprehensive perspective of comparative law research.