5인 미만 사업장에의 법제도 미적용 관련 쟁점 및 개선 과제

This paper aims to analyze the non-application of the Labor Standards Act and the other related Act to workplaces with fewer than five employees, the legal and social issues that arise as a result, and suggest ways to improve the situation. Korea's labor law system basically aims to guarantee equal labor rights for all workers, but by applying the law differently depending on the size of the business, workers in small businesses are left without legal protection in various aspects such as dismissal, wages, working hours, rest breaks, maternity protection, and prevention of workplace harassment. This study specifically examines how these institutional inequalities operate in the real world and lead to violations of workers' rights and interests. The paper also examines the lack of comprehensive legal protection for workers in workplaces with fewer than five employees by looking at the application of other labor relations laws. Based on this, the study emphasizes the need to expand the application of the Labor Law, along with its phased implementation, financial and institutional support from the government, and the establishment of an effective monitoring system, as a way to pursue both legal equity and social inclusion. Ultimately, this study aims to contribute to the development of more inclusive and sustainable labor policies to reduce the polarization and dual structure of the labor market.