‘일하는 사람의 권리 기본법’ 제정에 관한 검토

The government is pursuing the enactment of the “Basic Act on the Guarantee of Rights of Working Persons” as a means to provide comprehensive protection to workers who remain outside the coverage of existing labor legislation due to the proliferation of diverse forms of work. This legislative initiative seeks to remedy the legal lacunae that have expanded in tandem with the rise of new employment modalities since the 1990s. In contemporary contexts, the constitutional right to work must be interpreted as extending not only to subordinated wage workers but to all individuals who engage in work. Existing legislation of labor law has also shown a gradual trend toward expanding the scope of protection. In framing this Basic Act, its functions as a framework statute must be emphasized—namely, articulating the direction of national policy, systematizing and integrating relevant institutions and policies, ensuring continuity and coherence in policy implementation, and communicating clear normative messages to the public. Although a framework act is inherently declaratory and comprehensive in nature, it must nevertheless serve as a foundational legislative instrument that guides subsequent revisions of individual statutes and the formulation of detailed policy measures. The Act should incorporate protections for fundamental rights of all persons who work, including: (1) the guarantee of human dignity, equality, and personality rights; (2) the rights to safety, health, and social security; (3) rights relating to maternity protection, family life, and privacy; and (4) contractual rights designed to mitigate imbalances in bargaining power. It is essential, however, that this legislation not be exploited as a means to circumvent the application of existing labor laws.