연차 휴가의 법적 성격과 쟁점

Abstract

Annual leave is paid time off work granted by employers to employees to be used for whatever the employee wishes. To contribute to healthful and cultural life, annual leave with paid must guarantee employees. Most countries around the world have labour laws that mandate employers give a certain number of paid time-off days per year to workers. The Labour Standards Act in Korea provide required condition of the annual leave entitlement except continuous employment. This legislative system is very unique compared with international labour standard and other countries. In addition, annual leave in the Labour Standards Act provide that it should be gradually increased in proportion to the number of years of continuous service. This is clinical significance because annual leave in Korea is not in accordance with other countries in point of view of the legal characteristic. The aim of this study is to look into the legal nature of annual leave in our legislation and to find resonable analytical method based on it. To research this work, I began to study comparative one and examined the parallel and difference between them. Through this work, I find that annual leaver system in Korea have two main legal characteristic conflicting with each other. That is guaranteed aspect to employee and contributed one to employer. Both of them are important to judge the required condition of the annual leave entitlement. However, this judicial analysis is not desirable considered because annual leave is naturally a benefit for the employees, and, in case of strike, that the Constitution bans disadvantage by the reason of right to strike. Reciprocally also, annual leave in the Labour Standards Act is part of the Constitution, and both are not different kinds, but different part of law. In conclusion, the core legal characteristic of annual leave is understood in respect of right of employees.