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근로시간특례제도의 문제점과 개선방안A Study on the Exceptions in Applying Working Hours

Other Titles
A Study on the Exceptions in Applying Working Hours
Authors
박지순전윤구
Issue Date
2011
Publisher
한국비교노동법학회
Keywords
근로시간 특례; 연장근로; 법정근로시간; 탄력적 근로시간제; overtime work; legal standard working hours; flexible working hours; exceptions in applying working hours
Citation
노동법논총, v.23, pp.319 - 350
Indexed
KCI
Journal Title
노동법논총
Volume
23
Start Page
319
End Page
350
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/113515
ISSN
1229-4314
Abstract
The purposes of standard working hours are to rehabilitate the employee from mental and physical labor fatigue, preserve labor service, and guarantee the employee's right to participate in social and cultural activities. Overtime work refers to working hours that exceed the standard working hours specified in the Labor Standards Act. Adult employees may extend working hours up to 12 hours per week. But the employer engaged in any business of transportation, sale of goods and storage, finance, insurance, communications, advertisement, etc., may have his/her employees work for more than 12 hours of extended work in a week, and may adjust their recess time. This study starts from the question when this regulation appeared in Korea Labor Standard Act and how it has evolved. The comparative research in relations to ILO, EU, Germany, France, and Japan found immoderate exceptions in applying overtime work rules in Korea. In conclusion, this study made an alternative concerning the regal reformation
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