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노동법이론실무학회 노동법포럼 노동법포럼 제29호
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    초록·키워드

    The labor law which modifies private autonomy places agreement autonomy as the key and ultimately seeks private autonomy through agreement autonomy. In this point of view, constitutional discordance adjudication of the Constitutional Court about the Supreme Court judgment that reviewed one-sided effect of the employment contract by separating essential conditions and requirements for taking effect of the employment contract and that expanded agreement autonomy, and the prescript of the Labor Union Act that regulated agreement autonomy is important in confirming the basic principles of the labor law.
    In the principle of the labor law, ‘self-determination’ based on employees’ independence and autonomy is essential to private autonomy. Employees’ self-determination is guaranteed based on the system of labor relation discipline such as judicial remedies of the law and the court, administrative compensation awards of the Labor Relations Commission (including the labor supervisor), and collective labor and management autonomy. It is clear that true private autonomy can’t be achieved only with enactment of the Labor Contract Act which is currently debated. The labor relationship with one’s autonomy can be established when the regulation of the labor law, which is the legislation that restricts labor-management relations, and the subjects involved in the practice of legislations (judicial control and administrative control), independent labor union (negotiation and collective autonomy) are united and associated as a whole.

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      UCI(KEPA) : I410-ECN-0101-2020-360-000385372