韓國社會法의 發展過程에 관한 硏究Ⅰ = A Study of the Developing Process of the Korean Social Law

다국어 초록 (Multilingual Abstract)

In the past our system of law had been developed into a formal principle of civic law but its modern tendency is that our law is being developed from individualism to collectivity and so day by day, law has been enlarged its field. Kaskel maintains that the core of the social law is the labour law, social though the former is not the latter itself. Therefore, I studied the developing process of labour law in this thesis. In other words I classified the history of Korean labour law into labour law in Lee-Dynasty, labour law in the period under japanese rule, labour law since emancipation from Japanese rule, labour law under American military Administration and labour law since Setting-up of Korean Government. In the developing process of amendment of labour law, I classified it into 1960s and 1970s. The followings are the typical features of regulation and amendment of Korean labour law:
① Regulations of the social welfare for the workers were enlarged and enforced.
② In the collective employer-labourer relation, the collective activity was largely restricted by the Government.
③ Self-administration of employer-labourer was changed into regulation of the Government.
④ The consultative system of employer-labourer was gradually realized and new view of employer labourer was established.
In conclusion, law-spirit and spirit of obeying law of employer-labour was considerably improved. But aboriginality and organization of the labor law are not made.
It is desirable that administration structure of labour should be raised from office to department and minister should take part in discussion of governmental policy. The office which takes sole charge of labour problems is necessary, and the minimum wage-law and good treatment of worker should be realized in the near future.
The ideal employer-labourer relation is that its self-governing through talk and the consultative system should play its important part.
At this moment, guidance of government is largely required. Employer-labourer relation should be moved from unit of enterprise to unit of district and national scale.
Good consultative system should be made among Government, employer and labourer.

목차 (Table of Contents)

• Ⅰ. 序 論
• Ⅱ. 社會法과 勞動法의 生成
• 1. 近代市民法의 矛盾
• 2. 社會法의 萌芽
• 3. 社會法의 領域
• 4. 勞動法의 生成
• Ⅲ. 韓國勞動法制의 發展
• 1. 朝鮮王朝의 勞動法制
• 2. 日本統治時代의 勞動法制
• 3. 美軍政時代의 勞動法制
• 4. 韓國政府樹立과 勞動法制定
• Ⅳ. 勞動法改正에 따르는 發展過程
• 1. 60年代의 勞動立法 發展過程
• 2. 70年代의 勞動立法 發展過程
• 3. 「1·14 緊急措置」와 勞動立法 發展過程
• Ⅴ. 結 論