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근로시간 제도의 합리적 구축방안에 관한 연구A Study on possible plans to Restructure the System of Working Hours in the Labor Standards Act

Other Titles
A Study on possible plans to Restructure the System of Working Hours in the Labor Standards Act
Authors
박종희
Issue Date
2012
Publisher
노동법이론실무학회
Keywords
the working hours by labor and management; the effect of a cut in maximum hours; guidelines for restructuring the system of working hours; 기준근로시간; 실근로시간 단축; 근로시간의 유연화; 연장근로; 관리직근로자의 근로시간; 근로시간과 고용정책; 근로시간의 노사 자율 형성; 기준근로시간 단축의 효과; 근로시간제도 재구축의 기본방향성; the standard working hours; the worked hours; the flexible working time; the working hours of managers; the employment policy and working hours
Citation
노동법포럼, no.9, pp.107 - 141
Indexed
KCI
OTHER
Journal Title
노동법포럼
Number
9
Start Page
107
End Page
141
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/134177
ISSN
2005-4645
Abstract
The system of working hours is a complex product that results from the institutional factors as well as market and cultural factors. Since the enactment of the Labor Standards Act, we have repeatedly amended the provisions with the system of working hours but the framework, which is made at the outset, has been kept without any alteration. Today, the system in the Act can not enough reflect some changes in labor surroundings, Furthermore, it comes out that the function of working hours does not work well, which should have been performed. This proposes three guidelines on restructuring the working hours system. First, the system should be organized as a acceptable institution in practice, which can perform the function of labor protection properly. Second, the system need to guarantee the industrial autonomy, based on the standard of maximum hours, considering individuality of the workplace. Third, the system should be framed to relieve the polarization problem in the labor market. In conclusion, this suggest that the system of working hours need to be restructured considering the above guidelines.
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