노동의 자연적 본질과 근로의 권리

The natural nature of ‘Work’ is inherent in all mental and physical activities for human life and survival, such as the work of asset holders, reproductive labor, work for managing oneself, learning, play, leisure, socializing, social welfare, and the lives of recipients. The natural nature of work can be found in the following: first, the economic principle, which is a rule explaining activities that efficiently use resources; second, the natural law concept of justice that the value created through work should be fairly distributed; and third, the fact that the main part of the pain of work is inherent in the natural nature of work, and the benefits derived from the process and results of work are determined by norms, politics, culture, negotiation, etc. that exist outside of work. Work has the duality of pain and duty as well as benefits and rights. Considering that work has traditionally been recognized as pain to be avoided, it is difficult to recognize the ‘natural right of work’, but the right to work can be recognized under positive law. On the other hand, if we consider that those who do not work are not legally or ethically sanctioned, but rather are disadvantaged by natural principles that cause hunger and disease, we can recognize the existence of a ‘natural duty to work. Considering the duality of work, which is the right to work under positive law and the natural duty to work, we can find a point where the total amount of the duty to work can be reduced through appropriate norms, and the total amount of rights and benefits of community members can be increased by substantially protecting the right to work. Based on this discussion, we propose labor law and social security law perspectives on the need for various labor law norms that restrict the right to work, the need for discussions on the appropriate value of various types of work, and the point that labor law and social security law norms should not unilaterally give benefits or disadvantages to those who continue to work or rest, but should aim to divide the duty to work in a balanced manner and appropriately restrict the right to work.