勞動基本權 保障과 勞動法上의 問題點 考察 = A Study on the Guarantee of the Fundamental Rights of Labor and Some Problems in Labor Law

다국어 초록 (Multilingual Abstract)

The aim of this study is to research into the Fundamental Rights of Labor and Some Ploblems in Labor Law. Acordingly this study aims at appreciating the real spirit of legislation and its modern meaning about the fundamental rights of workers. Therefore this analyzes how the spirit of the basic rights to labor is, at first, given concrete expression in the existing labor law and then how the labor laws are contributed to secure the living deserving of human dignity of workers.
For the aim of this study, first, I deeply considered, in this thesis, the meaning and character of assurance of the fundamental human rights in the meaning and character of assurance of the fundamental human rights in the modern constitutional law. Secondly, I tried to invetigate the ideological background that the thought of the fundamental rights of workers has closed up to the surface.
Thirdly, I tried to find out how these current labor laws make a contribution to guarantee the living deserving of human dignity of laborers and to improve their rights and interests. Lastly, I endeavored to suggest some improvements as to the present labor laws and some problems.
The result of suggestion of this research is as follows : First, the history of security of the fundamental human rights is an history of struggle for freedom, and this struggle is an expression of will and effort of mankind seeking after the living deserving of the dignity of mankind.
Secondly, the goal of this struggle for freedom is to acquire "Freedom from Oppression and Fear" and "Freedom from Want", Thirdly, today, the need for the right of existense pursuing a life worthy of man is neither a simple ideal conception nor a slogan of idealists. Today, the thought of right to live has been solemly brought forward as a general and social need.
Fourthly, the ensurrance of the right of existence now has become the political duty of nation and also has come to hold an important position as a legal, political leading principle in the order of the constitutional law.
Fifthly, the basic spirit of constitutional law that secured the fundamental rights to live as special rights of existance, to workers in particular, is to guarantee the economically weak workers the living deserving of human dignity.
Therefore the labor laws should be carefully enacted and applied so that the spirit of constitutional law should be faithfully preserved and realized in it.
Sixthly, nevertheless we can find a lot of insufficient provisions among the current labor laws which discord from the spirit of the constitutional law.
Accordingly, such provisions among labor laws should be amended to be in accord with the spirit of the constitutional law.
Seventhly, in case of restricting the fundamental rights of labor by law, the restriction should be limitted at a necessary ninimum.
Eighthly, the sucurity of the living deserving of human dignity of workers can not be achieved by legal aspect alone. What is more important is that all the statesmen should have a strong sense of political responsibility, and people also should dispaly strong and high sense of politics and human rights.
Lastly, while relatively the importamce of workers is rising in the present industrial society, the significance of guaranteeing the fundamental rights of labor is very great.
In that sense we hold that we should respect the true spirit of the constitutional law and that the labor laws should always be in coincident with the spirit of the constitutional law.

목차 (Table of Contents)

• Ⅰ. 問題의 提起
• Ⅱ. 勞動基本權의 思想的 背景
• Ⅲ. 勞動基本權 保障의 現代的 意義
• Ⅳ. 現行勞動法上의 問題點 및 改善方向
• Ⅴ. 結 論