The rapid acceleration of digital transformation, catalyzed globally by the COVID-19 pandemic, has irrevocably altered the foundational architecture of modern labor. As traditional, localized employment models transition toward spatially distributed, ...
The rapid acceleration of digital transformation, catalyzed globally by the COVID-19 pandemic, has irrevocably altered the foundational architecture of modern labor. As traditional, localized employment models transition toward spatially distributed, ICT-driven structures, states face the critical imperative of modernizing their labor legislation. This dissertation conducts an exhaustive comparative analysis of the legal frameworks governing telework in the Russian Federation and the Republic of Korea, seeking to identify prevailing regulatory lacunae and propose structural legislative reforms.
The research elucidates a profound methodological divergence between the two jurisdictions. The Russian Federation utilizes a highly codified statutory model, comprehensively integrating distinct telework regulations directly into Chapter 49.1 of the Labor Code (LC RF). This study rigorously analyzes the paradigm shift precipitated by the 2021 legislative reforms (Federal Law No. 407-FZ), which structurally categorized remote work into permanent, periodic, and emergency frameworks. By examining contemporary Russian judicial practice, the dissertation critically assesses how courts navigate the practical frictions of decentralized labor. Analytical attention is directed toward the complexities of working time calculation, the restrictions placed on arbitrary employer dismissals, and the reallocation of occupational health and safety liabilities. The analysis demonstrates that while the Russian model provides high legal certainty, practical challenges remain in balancing employer control with employee protection in everyday application.
Conversely, the Republic of Korea employs a policy-driven, highly flexible framework. Although Korea is characterized by exceptional digital infrastructure and innovative policy initiatives such as state-supported “Smart Work” and the Digital Nomad Visa, its legal system lacks a distinct, codified statutory framework dedicated exclusively to telework. Korean governance relies predominantly on the generalized provisions of the Labor Standards Act, supplemented by non-binding administrative guidelines. This dissertation argues that the absence of statutory specificity in Korea generates acute legal vulnerabilities, particularly concerning unchecked digital surveillance, the lack of a formally codified “right to disconnect,” and ambiguities surrounding the allocation of infrastructural costs and occupational liabilities.
Ultimately, the research concludes that neither model operates flawlessly in isolation. To facilitate the robust future development of telework regulation, the dissertation proposes that the Republic of Korea strategically assimilate specific elements of the Russian codified model. The statutory definition of emergency remote transfers, the strict delineation of permissible dismissal grounds based on digital interaction, and the explicit bifurcation of occupational safety obligations for home-based work are vital legislative mechanisms. Such a regulatory synthesis is imperative to establish a sustainable equilibrium, balancing the indispensable operational flexibility demanded by modern enterprises with the rigorous protection of fundamental worker rights in the digital era.