Earticle

초록

영어

When the contents of the regulation of employment flexibility and labor contract laws in various forms and in Korea for it on the associated labor and look at the debate on that legislation improvement, Korea flexibility of employment- related legal and other foreign countries according to their employment this characteristic is found to be distinct from the legislation example. Overall, South Korea's legal status don’t correspond with sufficient and flexibility to the need of employment flexibility. In short, law system compared to the needs of the labor market flexibility is fairly inelastic. As a result, truth reality of the workplace has seen a significant discrepancy between the law and regulations, the side effects that have caused the problem to avoid the law has been caused. For example a very strict dispatched labor regulation may cause severe camouflage outsourcing dispute call again. In more strictly define the current laws and regulations, and it is necessary to seal the existing laws and regulations could also try avoiding. If reality is avoided by bypassing the labor law in a direction that causes the instability of employment, looks at how to prevent the adverse effects of such a reality would be created based on the effect that more inelastic and stable employment center. The strengthening of the regulatory judgment assure you think the gap between existing laws and reality will create more significantly, unlike the original intent. Global trend of employment flexibility can not be an exception in the case of Korea. So, it looks positively need a legal system established to reflect the needs of such employment flexibility. Legislation is due to be enough to comply with the regulations. This does not mean that it should be directed to blindly employment flexibility. In a rather labor system, realizing a plan to minimize the anxiety and the risk of workers according to employment flexibility in harmony, and means that it is reasonable to demand for both labor and management finally to observe the relevant laws. Flexibility of employment is a global trend, so we can not be the only exception. Because the variability of the fluctuations are forced to be closely related to the flexibility of employment. Competitive conditions in the businesses is required, it should abandon the elasticity of employment, in the end nothing but a chance to give up the pursuit of profit. Legislation on the future challenges in Korea is determined that more employment flexibility, primarily judges in how laws will fill the gap between the reality. Furthermore, the labor reality demands enough to reflect and setting the normative limits to harmonize the demands of the job security and job flexibility.

목차

Ⅰ. 서설
 Ⅱ. 경영해고제도
 Ⅲ. 파견근로제도
 Ⅳ. 원하청 도급관계
 Ⅴ. 기간제 근로관계
 Ⅵ. 마무리하며
 참고문헌
 

키워드

저자

• 권혁 [ Kwon Hyuk | 부산대 법학전문대학원 교수(부교수), 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363