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This paper dealt with the development process of the Labour Laws and labour movements in the advanced capitalistic countries before and after the World War Ⅰ and Ⅱ, and is largely divided into three parts.
The first part dealt with the point that the conflict between labour and management occurred in each country in the process of transition from the period of industrial capitalism economy to the that of monopolistic capitalism economy as well as inhumane treatment of labourers based on low wage and long working hours served the origin of labour movements. The second part dealt with the international unfair competition practices in the competitive relationship of each countries' monopolistic capital as well as the process of its result which served the cause of the most tragic and inhumane global wars of World War Ⅰ and Ⅱ. The third part comprehensively unfolded the laws of several major countries focusing on the changes the laws after the two the World Wars and then the conclusion of this paper was made.
Taking a further look at the overview of the contents of this paper, in the Chapter 1 'Introduction', the direction for the development of this paper was set by starting with the fact that labor law was originated from the fabricating characteristics of Civil Law.
The Chapter 2 'The World War Ⅰ and Development of Labour Law' dealt with the development of Labour Laws before and after the World War Ⅰ and also dealt with the labourers' struggle for rights, the background of the early legislation of Labour Law, law ideas and changes after the war, especially labour policies in the Russian Revolution and fascist labor policies in 3-nation Alliance among Germany, Italy and Japan in the 30's were compared with the labour policies of un-fascist Allied Powers. From this viewpoint, we can say that the World War Ⅱ was the battle between the Allied Powers such as the U. S. A, England, Canada, Soviet Union and Australia in which labour unions were allowed and 3-nation Alliance among Germany. Italy and Japan, From this aspect, the trends of labour movements, Labour Laws and Civil Law in the countries were researched from law-sociologic viewpoint.
The Chapter 3 'Changes and Characteristics before and after the World War Ⅱ' dealt with the point that the competition between ideology and system went into fierce battles as the world was divided in to the East and the West due to the competition between post war capitalistic system and socialistic system. As a result, there is a competition in the East and the West bloc in terms of Labour Law as we have seen from the East/West competition, and we were able to make judgment about the fact that the legislative system of our country did not reach to the international level as yet at that time by reviewing the legislative systems of Soviet Union, a socialistic country, the U. S. A. England, Germany, Italy. France and Japan which is nearby our country.
And the Chapter 4 'Conclusion' dealt with the fabricating characteristics and deceitfulness and the future tasks of the Labour Law on behalf of conclusion, and simultaneously dealt with the facts that the Labour Law has been unfolded and developed through the quantitative and qualitative expansion in the form of revising the abstractive principle of the Civil Law using two axles of rights of so called 'Concrete Existence' and 'Unity' while internationally expanding the civil rights of laborers.
Therefore, as a .lesson from the history of the Labour Law, this paper elaborated the need for correct understanding of the falsehood and guiltiness of the Civil Law and at the same time for the danger of the regime such as Nazi being inevitably emerged through the development of the Labour Law from the civil law viewpoint in the almighty law principle for the breakthrough of the contradiction of the falsehood and guiltiness.
Accordingly, in order to prevent from making such phenomena happen, this paper called for the need to develop the Labour Law only after the review from law-sociological aspect for the international standard for the Labour Law, the contents and level of positive laws of the country, the trend of academic theory, the trend of leading cases and then also after future tasks and prospects while reviewing the law-ideas of the time based on historic background and from international viewpoint of the laws as well as recognizing the true level of legislative system before the development of the Labour Law.
Lastly, urgent task of our country requires us to uplift the level of our Labour Law up to that of international standard based on ILO Agreement and recommendations before we try to uplift the level of the Labour Law to that of advanced countries, and therefore this paper pointed out the essential need for the revision or legislation of the Labour Law up to international level at minimum, the reason for which is that there is no case at all where the country which did not reach the international standard has become an advanced country.
The first part dealt with the point that the conflict between labour and management occurred in each country in the process of transition from the period of industrial capitalism economy to the that of monopolistic capitalism economy as well as inhumane treatment of labourers based on low wage and long working hours served the origin of labour movements. The second part dealt with the international unfair competition practices in the competitive relationship of each countries' monopolistic capital as well as the process of its result which served the cause of the most tragic and inhumane global wars of World War Ⅰ and Ⅱ. The third part comprehensively unfolded the laws of several major countries focusing on the changes the laws after the two the World Wars and then the conclusion of this paper was made.
Taking a further look at the overview of the contents of this paper, in the Chapter 1 'Introduction', the direction for the development of this paper was set by starting with the fact that labor law was originated from the fabricating characteristics of Civil Law.
The Chapter 2 'The World War Ⅰ and Development of Labour Law' dealt with the development of Labour Laws before and after the World War Ⅰ and also dealt with the labourers' struggle for rights, the background of the early legislation of Labour Law, law ideas and changes after the war, especially labour policies in the Russian Revolution and fascist labor policies in 3-nation Alliance among Germany, Italy and Japan in the 30's were compared with the labour policies of un-fascist Allied Powers. From this viewpoint, we can say that the World War Ⅱ was the battle between the Allied Powers such as the U. S. A, England, Canada, Soviet Union and Australia in which labour unions were allowed and 3-nation Alliance among Germany. Italy and Japan, From this aspect, the trends of labour movements, Labour Laws and Civil Law in the countries were researched from law-sociologic viewpoint.
The Chapter 3 'Changes and Characteristics before and after the World War Ⅱ' dealt with the point that the competition between ideology and system went into fierce battles as the world was divided in to the East and the West due to the competition between post war capitalistic system and socialistic system. As a result, there is a competition in the East and the West bloc in terms of Labour Law as we have seen from the East/West competition, and we were able to make judgment about the fact that the legislative system of our country did not reach to the international level as yet at that time by reviewing the legislative systems of Soviet Union, a socialistic country, the U. S. A. England, Germany, Italy. France and Japan which is nearby our country.
And the Chapter 4 'Conclusion' dealt with the fabricating characteristics and deceitfulness and the future tasks of the Labour Law on behalf of conclusion, and simultaneously dealt with the facts that the Labour Law has been unfolded and developed through the quantitative and qualitative expansion in the form of revising the abstractive principle of the Civil Law using two axles of rights of so called 'Concrete Existence' and 'Unity' while internationally expanding the civil rights of laborers.
Therefore, as a .lesson from the history of the Labour Law, this paper elaborated the need for correct understanding of the falsehood and guiltiness of the Civil Law and at the same time for the danger of the regime such as Nazi being inevitably emerged through the development of the Labour Law from the civil law viewpoint in the almighty law principle for the breakthrough of the contradiction of the falsehood and guiltiness.
Accordingly, in order to prevent from making such phenomena happen, this paper called for the need to develop the Labour Law only after the review from law-sociological aspect for the international standard for the Labour Law, the contents and level of positive laws of the country, the trend of academic theory, the trend of leading cases and then also after future tasks and prospects while reviewing the law-ideas of the time based on historic background and from international viewpoint of the laws as well as recognizing the true level of legislative system before the development of the Labour Law.
Lastly, urgent task of our country requires us to uplift the level of our Labour Law up to that of international standard based on ILO Agreement and recommendations before we try to uplift the level of the Labour Law to that of advanced countries, and therefore this paper pointed out the essential need for the revision or legislation of the Labour Law up to international level at minimum, the reason for which is that there is no case at all where the country which did not reach the international standard has become an advanced country.
목차
【ABSTRACT】
Ⅰ. 序說 - 市民法의 虛構性과 修正原理로서의 勞動法 -
Ⅱ. 第1次 世界大戰과 勞動法의 展開
Ⅲ. 제2차 世界大戰과 戰後 變化의 特色
Ⅳ. 結語에 代身하여 - 韓國 勞動法學의 現狀과 今後課題 -
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