인구절벽시대의 노동법 ― 노동법의 과제와 미래에 대한 전망을 중심으로 ―

Abstract

Republic of Korea is in crisis. Ultra-low birth rate may lead to the extinction of the country. So-called “Demographic cliff” issue is one of the most important nationwide social issues. Labor laws should respond to this issue positively. In this article, we examine the interrelationship between population including demographic cliff, population structure and labor market. In particular, it derives the tasks of labor law and examines what considerations are made accordingly. In addition, we anticipate how demographic cliff will affect the future of labor law. In the era of demographic cliff, labor law faces the following challenges. First, labor law must enhance ‘human dignity’ through self-reflection. Second, a revolutionary shift in labor culture is needed for the balance between life and work. Third, social integration must be achieved through the prohibition of discrimination against foreigners. Fourth, we should not emphasize efficiency alone. Fifth, the dual structure of the labor market must be prevented. Due to demographic cliff, labor law is expected to face the following future. First, the image and character of human as the subject of labor and employment law will change, and the questioning human(‘Homo quaerens’) will be emphasized. Second, the number of atypical work instead of typical model of full-time, regular, open-ended employment with a single employer over a long time span will increase further. Third, individualization will spread and new solidarity will be sought.