노동기본권 보장의 현대적 조명 ― 최선의 법해석을 향한 노력 ―
A modern perspective on the guarantee of fundamental labour rights ― A labour lawyer's journey to the best possible interpretation of law ―
남궁준(한국노동연구원)
44호, 81~106쪽
초록
It is interesting to note that the area of law that regulates labour is the one that changes the fastest in society. It would seem that the frequency of the enactment and amendment of labour relations laws, the creation of labour precedents, or at least social discussions that take place with them in mind, is significantly higher than in other areas of law. Examples of factual conditions that drive changes in the reality of labour include the diversification of employment and job types, and changes in the organisation of labour and the way work is carried out caused by technological advances. Changes in the labour relations laws and related domestic laws and systems, and changes in the international normative environment, such as the ratification of ILO conventions, also strongly pressure the modernisation of domestic labour laws. The question that arises is how flexible it can be in responding to such external demands for changes in norms while maintaining the identity and coherence of labour law as an independent normative system.In particular, this presentation will examine the content, characteristics, and contributions of Professor Park Jong-hee's theory of labour fundamental rights as a foundation for keeping up with the reality of labour through the modern interpretation and application of labour law.
Abstract
It is interesting to note that the area of law that regulates labour is the one that changes the fastest in society. It would seem that the frequency of the enactment and amendment of labour relations laws, the creation of labour precedents, or at least social discussions that take place with them in mind, is significantly higher than in other areas of law. Examples of factual conditions that drive changes in the reality of labour include the diversification of employment and job types, and changes in the organisation of labour and the way work is carried out caused by technological advances. Changes in the labour relations laws and related domestic laws and systems, and changes in the international normative environment, such as the ratification of ILO conventions, also strongly pressure the modernisation of domestic labour laws. The question that arises is how flexible it can be in responding to such external demands for changes in norms while maintaining the identity and coherence of labour law as an independent normative system.In particular, this presentation will examine the content, characteristics, and contributions of Professor Park Jong-hee's theory of labour fundamental rights as a foundation for keeping up with the reality of labour through the modern interpretation and application of labour law.
- 발행기관:
- 노동법이론실무학회
- 분류:
- 법학