중소기업의 노동법규제적용제외에 관한 비교연구

초록

This study has been begun based on the critical mind that the exemption to below a certain scale enterprises or businesses might be necessary to pushfully accept to increase the practicality of the application of labor law. First of all, by making a hypothesis that the exemption need to be accepted by the character of restriction target and difference of hired restrict method the study has been verified by foreign law before starting full-fledged study. And we verified what kind of rationale of justification is suggested in exemptions of each country. In short about this study's conclusions, examples that implement flexible management of regulations or exemption under the labor law is much more than other countries(especially Germany) in American law, but the main rationale is the theory of business burden. Besides in America, it is required to consider impact on small businesses from the law that will be enacted at enactment step by Small Business Regulatory Fairness Enforcement Act etc. Also we can get a sense of that the theory of business burden has a important meaning in America through this point. As we know from German examples, if the law determine exemption based on enterprise scale․business scale, point that it violates the principle of equality or not occurs unavoidably about happening differences for legal protections between workers that work at different scale enterprises or businesses. Thinking that show up German precedent could be a reference when our country institutes exemption.

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