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조경신 한국기업법학회 2001 企業法硏究 Vol.8 No.-
This thesis reviews the standardization of normal working time and exceptional working time under the current Korean Labor standards Act and compares with those of foreign standards and then analyzes the problems for improvements in legislation. Trends of reduction in working time and the increasing phenomena of adopting the new system of working time such as elastic working time, flexitime are also reviewed. After studying the system of standard working time on the Korean Labor Standards Act, the author surveys the present condition, basic principles and exceptions of the standard working time system and then points out some problems of interpretation and proposes a better framework with which it could be interpreted. It investigates various theories on determination of the party concerned, in the overtime work by the mutual agreement, forms of the mutual agreement, requirement to report to the authorities and the civil effect of the mutual agreement. Then the meaning of legal overtime working system nd the rationale of obligation to work are discussed. The comparative study of various regulations on working time systems of advanced countries, especially England, France, Germany, United States of America and Japan is one of approaches of this study. The causes of changes in normal working time from 10 hours a day to 8 hours a day and 40 hours or 5 days a week are studied. In this chapter is also studied the history of the regulation of working time in Korea. Chapter Ⅳ investigates the elastic regulation of working time. First reviews it the definition and necessity of elasticity in the regulation of working time and then examines the types of the regulation of working time. First of all reviews it the definition of the elastic working time. First of all reviews it the definition of the elastic working time system and the legal problems of working time in other advanced countries, especially United States of America, Germany, France, England and Japan., this thesis reviews the introduction and the abolition of the elastic working time systems under the current Korean Labor Standards Act and then the points at issue in the elastic working time systems. This chapter investigates the necessity, legislation, definition, types, necessary condition of establishment, effectuation, introduction and legal problems of flexitime system. For the last time the final chapter deals with the interpretational problems and deficiency in the elastic regulation of working time under the current Korean Labor Standards Act and presents the author's proposals for solving the problems.
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최영진(Choi YoungJin) 한양법학회 2008 漢陽法學 Vol.23 No.-
The purpose of regulating work and recess hours is for the labor’s healthy and security problem and for ensuring the carefree leasure time and for the labor’s refreshment and for the improving the working capabilities. However, in some cases, these regulations of work and recess hours will make it difficult to applicate the rule properly, because of its speciality. About this condition, Korea Labor Standards Act §59 now regulates the special provisions as to work and recess hours. But there are also some criticism that the special provisions as to work and recess hours is against the korea labor’s rule and the criterion of ILO. Therefore, it is asked for reforming the Korea Labor Standards Act §59. According to these facts, this research had examined the Japanese special provisions as to work and recess hours as like Korea Labor Standards Act §59 and suggested its point of view. Implications are as follow: First, it should be regulated the coverage special provisions. Second, as appling the rule, the strict limitation against extending the working time should be set. Third, it should be embodied the meaning of “Labor Representative”. Fourth, it will introduce the criterion of simultaneous endowment as to recess hours. Last, in the cases of overtime exceeding 8 hours, the endowment its criterion should be written down.
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