기업중심적 법정책에 대한 민주법학의 비판과 대안 ; 신자유주의, 자본권력의 강화와 노동인권의 위기 = Neoliberalism, Intensification of Capital Power and Crises of Workers` Human Rights

다국어 초록 (Multilingual Abstract)

A socio-economic inequality has been increased in a recent decade not only between capital and labor but also within workers. The present problem in the labor market is not lack of jobs themselves but disappearing of favorable jobs. Working poors are spreading widely. This has resulted directly from neoliberal globalization of american capitalism. This tendency is connected with outstanding changes in labor law. In the field of labor law, a distinctive feature has appeared during a recent decade, that is, the intensification of capital power and crises of workers` human rights. Even though the political democracy proceeds in some degree, the basic frame of rules and legal theories in labor law that has been formed during the past military dictatorship are not changed at all. A lot of union leaders and workers who organize or participate in industrial actions are still imprisoned or punished to excessive civil responsibility which might make them bankrupt. Besides, employment security and conditions of employment are continuing to be deteriorated on the ground of labor flexibility. A combination of neoliberalism and nationalism is characteristic of the recent labor law and ideology. Therefore, it`s a necessary and urgent task in labor law and theory to overcome this tendency, and to reform present rules and develope new democratic theories.