미군정기 노동법에 관한 연구

After Korea's liberation in 1945, the U.S. military government implemented a legal system based on ordinances promulgated by the U.S. military. In December 1946, the South Korean Interim Legislative Assembly, composed of Koreans, enacted its own laws. Ordinance No. 97, for instance, was enacted based on the recommendations of the SCAP Labor Advisory Commission led by Paul L. Stanchfield and the implementation of the U.S. military government's middle-of-the-road policy after the collapse of the first U.S.A.-U.S.S.R. Joint Committee. The Minors Labor Protection Act, the first legislation of its kind in Korea, was also enacted by the South Korean Interim Legislative Assembly through serious deliberations among legislators. Furthermore, the U.S. military government's National Labor Council prepared labor relations laws such as the Trade Union and Industrial Relations Law, the Trade Union Registration Act, the Labor Disputes Settlement Act, and the Employment Relations Act. These laws had similar subjects and scope as the enacted labor law, and there were similarities or identical provisions between the laws governing collective labor relations during the U.S. military government period and the subsequent labor union and labor dispute mediation laws. The personnel composition of the U.S. military government was seamlessly carried over to the Korean government. The core difference from Japanese labor law lay in the management and control of labor unions, suggesting that the labor bills attempted during the U.S. military government period influenced the enactment of Korea's collective labor relations laws. The achievements mentioned were made possible by the efforts of labor experts within the U.S. Military Government in Korea. The Korean Subcommittee of the Labor Advisory Committee, led by Paul L. Stanchfield, played a significant role in the enactment of progressive labor legislation for its time by providing specific and practical advice and recommendations on the labor policies and laws of the U.S. Military Government. Labor Advisor Stewart Meacham conducted an in-depth and empirical analysis of Korea's labor conditions and labor laws, issuing a critical report on the U.S. Military Government that garnered attention in the United States. After the establishment of the Ministry of Labor, the National Labor Council was deeply involved in drafting labor legislation. The labor laws that were enacted or prepared based on the analyses of these experts had an impact on the Labor Law enacted in 1953, and the basic framework of this law continues to influence current labor law. Therefore, the labor laws of the U.S. Military Government period hold great significance in the history of legislation.