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학술저널
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국민대학교 법학연구소 법학논총 法學論叢 第14輯
발행연도
2002.2
수록면
125 - 147 (23page)

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According to the ILO Report of 2001, the average working hours of the Korean workers in 2000 are 2,474, the longest in the world. In October 2000 the Presidential Advisory Tripartite Commission reached an agreement to reduce the working hours up to 40 hours a week and 2000 hours a year.
Although the National Assembly in 1989 revised the labour Standard Act to reduce the maximum weekly working hours from 4S up to 44, the real working hours including overtime are far from the statutory limit. The proposed revision of the LSA for the second time in terms of working hours is considered as an effective effort to reduce the real working hours up to the level of the international standards.
One of the aims of the reduction of the maximum working hours is to realize the social solidarity through job or work sharing in the era of high unemployment. The reduction of working hours will also give us a chance to develop such new industries as leisure and sport business in new markets which will be widened through prolonged holidays.
In the basic agreement of the Tripartite Commission in October 2001 the parties agreed to reduce working hours in such a manner that the standard of living is not reduced in consequence, as is stipulated in the ILO Convention No. 47 of 1935. However, it is hardly to secure through legal provision the concrete manner to compensate the wage, which might be reduced by the reduction of working hours. Therefore, it is suggested that the lost wage should be compensated by collective agreements and administrative directive.
Until now in Korea, the monthly and annual paid holidays have used not to be enjoyed in terms of their genuine purposes. Instead, the workmen used to be working also on those days in order to be paid extra. These practices make it difficult to realize the purpose of the LSA, which was designed to secure humanity in working society. The second point of the reduction of working hours, therefore, is to be concentrated in the realization of monthly and annual paid holidays without reduction of the living standard.
Regarding the argument of extension of flexible working hours from the employers, it is to be reminded that the flexible working hours have been extended in the most European countries in the way of reduction of real working hours to less than 40-hour-week.
Concerning the schedule of the working hour reduction, it is understandable to begin with the public sector including civil servants. However, it should be considered that the public sector is not the very working place worked over the statutory limit. The hardest working places are the small and medium business in manufacturing sector, where the workers have to endure 50-hour-week.

목차

Ⅰ. 신노동사회의 패러다임과 근로시간단축
Ⅱ. 노동시간 단축의 의의와 방향
Ⅲ. 쟁점별 노사 및 공익위원 입장 비교
Ⅳ. 쟁점별 검토
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