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초록

영어

The workinghourssystem in labourlaw shows that if the intensity, risk, and burden of work are made in the form of work atmosphere or atmospheric work, unlike ordinary work, the regulation of labor law should be differentiated in terms of health rights . It is worth noting this. Our case is different. Regardless of the intensity of the work, only the working time is divided by the break time. The familial involvement in this biased system, too, is considered to be a complete working time, though it will depend on specific cases. Strictly speaking, as in Germany, the forms of atmospheric work, the working atmosphere and call work are judged differently by law, given the intensity of the work being affected by the worker's health. For example, 8 hours of actual working hours and 8 hours of working hours can not be equally regulated for workers' health rights. Here is the reason why Germany can relax the limitations of overtime work on the form of atmospheric work, and calculate and pay less wages than normal work wages. Regrettably, regulations on working hours in the current Labor Standards Act of Korea are too uniform. Unless the conceptual pluralism of working time is taken into consideration, it can not be reasonably responded to the reality of labor. Furthermore, the legislative imperfections in the gray zone of various working hours such as business trips and occupations can not be left unchanged. Spatial restraint and temporal restraint are the most typical signs of dependent labor. Working hours are considered to be the most disciplined areas that will undergo the greatest changes in terms of labor market flexibility. This does not just mean the need for management needs or economic volatility. This is in line with the individual needs of workers. It is necessary for the labor and management to construct a working time model that is most effective in terms of working time and reflects the needs of the workers.

목차

I. 서설
II. 노동법 상 근로시간의 개념과기능적 의의
III. 근로시간의 해당 여부에 대한 사법적 판단의 모호성과 '회색지대'
IV. 근로시간 개념의 다원성-' 독일의입법례를 중심으로'
V. 결론
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키워드

근로 근로대기 대기근로 호출근로 근로시간법 회색지대 Vollarbeit Arbeitsbereitschaft Bereitschaftsdienst Rufbereitschaft Arbeitszeitgesetz Greyzone

저자

• 권혁 [ KWON, HYUK | 부산대학교 법학전문대학원 교수(정교수), 법학박사. ]

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