근로기준법 70년, 근로계약법제의 변화

Abstract

This Paper is aim to take a general view of some of provisions regulating employment contract under the Labor Standard Act(hereafter ‘LSA’) for celebrating 70th Anniversary of LSA; Article 15 (employment contract in violation of LSA), Article 16 (term of employment contract), Article 17 (clear statement of terms and conditions of employment), Article 18 (terms and conditions of employment of part-time employees), Article 19 (breach of terms and conditions of employment), Article 20 (prohibition against predetermination of penalty for breach of contracts), Article 21 (prohibition of offsetting wages with advances), and Article 22 (prohibition of compulsory savings). Since the first LSA had made in May 10, 1953, the Act has been amended about 50 times for 70 years. Employment contract law has less changed than wage law, working time law, anti-discrimination law. The most important institutional changes in employment contract law are enactments of the｢Act on the protection of temporary agency workers｣ of 1998 and the ｢Act on the protection of fixed-term and part-time employees｣. While Article 16 (term of employment contract) and Article 17 (clear statement of terms and conditions of employment) have been improved through legislative reforms, Article 15 (employment contract in violation of LSA), protection of fixed-term employees, and Article 20 (prohibition against predetermination of penalty for breach of contracts) have been developed by changing of case laws.