4차 산업혁명시대 노동법 체계 개편에 관한 전망 - 독일 노동4.0을 중심으로 = The 4th Industrial Revolution and Changes in Labor Law

다국어 초록 (Multilingual Abstract)

It is clear that the policy direction of Korean-type labor 4.0 in Korea is clearly shown in the future. Especially, the change of the jobs that will be faced in the 4th industrial revolution in Korea, where the proportion of manufacturing and service industries is unpredictable. As seen in German Labor 4.0, the reorganization of the labor law system in the Fourth Industrial Revolution can be said to be an active preemptive action to create a good job, rather than a passive response to job change. Our labor law system reorganization discussion should be the same. The leading labor law system should be reformed so that the effects of the 4th industrial revolution on jobs will be called 'good labor'.




There are two types of workers in the labor 4.0 period. The first is 'the performer of creative knowledge work'. The 'mechanical' labor, which is just what you are told, can not help but replace the machine. This is why fundamental changes are expected to be made in the modern labor law system, which mediates subordinate labor. It is necessary to reorganize the labor law as a social protection system by newly creating the concept of 'worker' as a creative knowledge worker.




The second is workers who establish a plan for themselves. The Modern Worker type, represented by the standardized production and provision of labor, is no longer valid for labor management. This means that the workers will have the initiative in working hours. Autonomy and responsibility are proportional. That will also increase the responsibility of the workers by themselves. Change is inevitable.




The direction of changes in the labor law system required based on the workers' type of Labor 4.0 is simple. First is flexibility. The change in the labor market, which will be brought about the 4th industrial revolution in the future, is likely to focus on flexibility.




In conclusion, it would not be easy to dare to predict changes in the labor market. However, the role of labor law remains unchanged. It is aimed at 'good work'. The evaluation of human labor force is different. It may be a blessing to overcome subordinate labor. But to prepare for the new risks required by escaping subordinate work, the legislator of labor law has an important task to be hastened.

참고문헌 (Reference)

1 김기선, "차 산업혁명과 노동의 미래와 과제, 국제노동브리프" 2017

2 한국무 역협회, "제4차 산업혁명을 선점하기 위한 일본의 전략 및 시사점" 2016

3 박제성, "기업집단과 노동법" 2007

4 BMAS, "Weissbuch Arbeiten 4.0" 2016

5 "KassKomm/Seewald SGB IV § 7 Rn. 108-111"

6 Krause, Rüdiger, "Gutachten B zum 71. Deutschen Juristentag" C.H.Beck 2016

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8 Hamman, "Fremdpersonal im Unternehmen" 2003

9 "ErfK/Koch BetrVG § 5 Rn. 11"

10 Günther, "Arbeitsrecht 4.0 - Arbeitsrechtliche Herausforderungen in dervierten industriellen Revolution" 2015

11 Wedde, "Aktuelle Rechtsfragen der Telearbeit" 1999

12 Collardin, "Aktuelle Rechtsfragen der Telearbeit" 1995