勤勞時間의 彈力的 規制 = The Elstic Regulation of Working Time

다국어 초록 (Multilingual Abstract)

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.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 勞動時間 規制
• Ⅲ. 勞動時間 規制의 彈力化
• Ⅳ. 勞動時間 規制의 彈力化 類型
• Ⅴ. 結論