EU 노동법제에 관한 연구 : A Study on the Labour Legislation of EU

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서울대학교 법학연구소
법학, Vol.49 No.2, pp. 20-65
EC조약균등대우 원칙근로시간과 안전위생비정규근로EC TreatyThe Principle of Equal TreatmentWorking Time and Safety and HealthIrregular WorkCollective Redundancy구조조정
In Korea, there has been no prior researches dealing EU labour legislation in

depth. This paper, therefore, is firstly aiming at describing the general features of

EU labour legislation on an objective point of view. This study starts from

looking at the formation process of the EU labour legislation first, then examines

its current system, structure and legal effects in general. In fact, EU labour

legislation itself is still in the process of developing, thus it is necessary to

understand the past transitional process beforehand in order to grasp the contents

of the current law. In addition, unlike general international organizations, EU has

its own legislative power. This means it is essential to understand the mutual

relationship between the EU legislation and legislations of the member states

prior to discussing the normative effect of the EU labor legislation. This paper

focuses on the principle of equal treatment, working time and occupational

safety, irregular work and restructuring issues in particular. To discuss those

mentioned subjects, this paper mainly deals with the Treaties and Directives

related to labour issues along with some decisions from the European Court of

Justice for certain cases.

Based on this, this paper is drawing out the characteristics of EU labour

legislation and examining its connection with Korean legislation at the same

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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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