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초록

영어

‘Resting time’ means the time when an employee is completely free from the command or order of an employer during working hours and is guaranteed free use. Under Article 54 of the current Labor Standards Act, employers are obliged to give the employee resting time of more than 30 minutes for working hours of four hours or more than one hour for working hours of eight hours under the heading “recess” (Section 1). Resting time is a time that employees can freely use (Section 2). In addition, Article 110 stipulates penalties for breach of duty to grant resting time, and the resting time system is backed by enforcement regulations that can’t be avoided by the free will of labor contracting parties. However, the first “Labor Standards Act”, which was enacted as Law No. 286 of 1953 5 10, had the same resting time provisions as the current regulations in Article 44, except for the penalties at the time of violation. Since then, the “Labor Standards Act” has undergone a number of reforms related to various working conditions, but the resting time provisions have been the same as those at the time of the original enactment, except for the penalties for violations. About 70 years have passed since the resting time system was introduced for the first time. In the meantime, Korea has changed its industrial structure and various jobs and occupations have emerged accordingly. In this way, it is doubtful whether the resting time system, which has long defined the same contents under complex and diverse conditions, can perform its role efficiently. However, there are few studies related to the rest time regulation and operational feasibility. This study was made for the purpose of reviewing the contents and application problems of the current rest time system from various perspectives. For the detailed contents of the study, first, the problems of the operation of the resting time system were classified into the resting time length, the assignment and arrangement. Based on this, the validity of the current regulations and the conventional interpretation theory was examined. Next, the issue of changing the resting time was examined in relation to the procedure of changing the rules of employment. If the employer wishes to change the length of the resting time, this should be done through the change of the rules of employment. However, shortening or expanding the length of the resting time is not necessarily disadvantageous or advantageous to the employees, so this is examined with the concept of “staying time at work”. Finally, as the number of part-time workers has increased considerably, the applicability of the current resting time provisions for these part-time workers has been examined.

목차

Ⅰ. 들어가며
Ⅱ. 현행 휴게시간규정의 해석론에 대한 검토
Ⅲ. 휴게시간의 연장과 취업규칙의 변경 절차
Ⅳ. 단시간 근로자에 대한 휴게시간 부여
Ⅴ. 결론에 갈음하여
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키워드

휴게시간 취업규칙 산업재해 단시간근로자 업무수행성 워라벨 recess resting time rules of employment occupational accident part-time worker accidents in the course of duty work-life balance

저자

• 김경태 [ Kim, Kyong-Tae | 한림대학교 사회과학대학 법학과 부교수, 법학박사 ]

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