고용보장법의 독자성에 관한 연구

A Study on The Unified Foundation of Employment Security Law

Before Labor Laws mostly dealt with a employment problem with the Labor Relations Acts or the Social Security Laws like a regulation of dismissal or an employment insurance and so on. Therefore the employment problem can’t be solved through fragmentary approaches any more. The present employment security is not the simple protection for individual employee but the assignment to do through the comprehensive and systematic plan policies of labor by a government. For the purpose of approach the employment problem with those features in comprehensive and systematic way, a new paradigm for a Labor Law should be found and a new angle from an Employment Security Law should be created. Namely, in terms of the positive way for coping effectively with the recent change of an employment situation, it, now, is the time to review the problems like an employment ecommendation or a vocational education and training or retraining by employment security agencies(offices), a regulation of dismissal, and an employment insurance as an unemployment insurance on the basis of an idea of the labor-right, which is founded on the Labor Security Law involved in the essential problems on whole labor environment like an employment realization and maintenance and a security of life during the unemployment which are guaranteed by the constitution. As a result of this study reconstructs the modern meaning of labor-right for the concrete realization and regards a fundamental principle of Employment Security Law, the liberty of employment choice and an economy democracy or an industry democracy as a core idea or a practical mode. through which this study is to supply the unified foundation of Labor Law on the problem, a subordination conquest, of Employment Security Law which comes from the loss of controlling power of employment in labor market. Consequently a principle of Labor Law and a logical and systemic suitability are demanded most so that the approach from an Employment Security Law plays an important role as a classified system of a Labor Law in employment problem Therefore the purpose of this study is to reconstruct a labor-right in modem style and is to reexamine the structure of a system and domain of Employment Security Law.