Chapter 2 Employment Contract
Article 15 (Employment Contracts in Violation of This Act) [Lee Sang-hoon, Jin Chang-soo] 3
Article 16 (Contract Period) [Lee Sang-hoon, Jin Chang-soo] 7
Article 17 (Specification of Working Conditions) [Lee Sang-hoon, Jin Chang-soo] 42
Article 18 (Working Conditions for Part-Time Workers) [Lee Jeong-han, Kim Jin] 48
Article 19 (Violation of Working Conditions) [Lee Sang-hoon, Jin Chang-soo] 60
Article 20 (Prohibition of Premature Violation of Contract) [Lee Sang-hoon, Jin Chang-soo] 62
Article 21 (Prohibition of Offsetting Advance Payments) [Jeong Jae-heon and Lee Jeong-ah] 70
Article 22 (Prohibition of Forced Savings) [Lee Sang-hoon, Jin Chang-soo] 74
Article 23 (Restrictions on dismissal, etc.)
Article 23, Preamble 1: General Provisions on Restrictions on Dismissal, etc. [Park Sang-hoon] 76
Article 23, Preamble 2: Procedural Restrictions on Dismissal, etc. [Kim Hee-soo] 115
Article 23, Paragraph 1, Explanation 1: Ordinary Dismissal [Park Sang-hoon and Cha Seung-hwan] 162
Article 23, Paragraph 1, Commentary 2: Disciplinary Dismissal [Gu Min-kyung and Lee Hyo-eun] 179
Commentary on Article 23, Paragraph 2 [Kim Hee-soo] 269
Article 23, Postscript 1: Resignation, Termination by Agreement, etc. [Do Jae-hyung] 278
Article 23, Postscript 2: Retirement System [Kwon Hyuk-jung] 314
Article 23, Postscript 3: Personnel Transfers [Choi Nu-rim] 354
Article 23 Postscript 4: To teachers
Disadvantage Dispositions and Relief Procedures [Lee Byeong-hee] 404
Article 24 (Restrictions on Dismissal for Business Reasons) [Park Sang-hoon and Yoo Dong-gyun] 449
Article 25 (Priority Re-employment, etc.) [Park Sang-hoon, Yoo Dong-gyun] 494
Article 26 (Notice of Dismissal) [Kim Hee-soo] 497
Article 27 (Written Notice of Reasons for Dismissal, etc.) [Kim Hee-soo] 512
Articles 28-33: Preamble: Remedies for Unfair Dismissal [Jeong Jin-gyeong and Lee Myeong-cheol] 523
Article 28 (Application for Relief from Unfair Dismissal, etc.) [Jeong Jin-gyeong, Kim Yong-shin] 632
Article 29 (Investigation, etc.) [Jeong Jin-gyeong, Kim Yong-shin] 646
Article 30 (Relief Orders, etc.) [Jeong Jin-gyeong and Kim Yong-shin] 651
Article 31 (Confirmation of Relief Orders, etc.) [Jeong Jin-gyeong and Kim Yong-shin] 669
Article 32 (Effectiveness of Relief Orders, etc.) [Jeong Jin-gyeong, Kim Yong-shin] 693
Article 33 (Enforcement Fines) [Jeong Jin-gyeong and Kim Yong-shin] 694
Article 34 (Retirement Benefit System) [Hong Jun-ho and Kim Tae-wook] 708
Article 35 Deleted (January 15, 2019) 775
Article 36 (Settlement of Money and Goods) [Choi Eun-bae, Kim Jin-seok] 775
Article 37 (Delayed Interest on Unpaid Wages) [Choi Eun-bae, Kim Jin-seok] 780
Article 38 (Priority Payment of Wage Claims) [Jeong Jae-heon and Lee Jeong-ah] 784
Article 39 (Certificate of Use) [Choi Eun-bae, Kim Jin-seok] 832
Article 40 (Prohibition of Employment Interference) [Choi Eun-bae, Kim Jin-seok] 834
Article 41 (Worker List) [Choi Eun-bae, Kim Jin-seok] 836
Article 42 (Preservation of Contract Documents) [Choi Eun-bae, Kim Jin-seok] 838
Post-Employment Contract Theory 1: Transfer of the Employment Relationship [Min Jung Gi] 840
Post-Employment Contracts: Chapter 2: Bankruptcy Procedures and Employment Relations [Kim Jin-seok] 894

Item Index 941

Publisher's Note (2nd Revised and Expanded Edition)

It has already been five years since the second edition of the Labor Standards Act Commentary was published.
In the meantime, laws concerning individual labor relations, such as the Labor Standards Act, have been revised several times, and many notable precedents have been handed down.

First, the Labor Standards Act has been revised five times, excluding revisions to other laws (March 31, 2020).
Law No. 17185, January 5, 2021.
Law No. 17862, April 13, 2021.
Law No. 18037, May 18, 2021.
Law No. 18176, October 22, 2024.
(Law No. 20520).
New regulations were established to promote the use of annual paid leave by workers with less than one year of continuous employment, a flexible working hour system was established for units exceeding three months but within six months, and regulations were established to impose an objective investigation obligation on employers in relation to the system prohibiting workplace bullying and to impose fines on employers who commit workplace bullying.
Even in cases where reinstatement is impossible in the event of an unfair dismissal, a basis for receiving monetary compensation through the unfair dismissal relief procedure has been established, the limit on enforcement fines for non-compliance with relief orders has been raised, and pregnant female workers are now permitted to apply for changes to their work start and end times.
The scope of application of interest on delayed payment of unpaid wages has been expanded to include employed workers, and the basis for expanding and strengthening sanctions against habitual non-paying employers has been established.
In line with the revision of the Labor Standards Act, laws concerning individual employment relationships, such as the Equal Employment Opportunity Act, the Workers' Retirement Benefits Security Act, and the Wage Claims Security Act, were also revised.

Subsequently, several full-court decisions were issued, setting new standards for legal discipline on the issue.
Supreme Court 2020.
1. 22.
The full bench decision in Decision No. 2015da73067 stated that when converting a fixed allowance paid in the form of a monthly salary as wages for agreed working hours exceeding the standard working hours into an hourly wage, unless otherwise specified, the number of hours the worker actually agreed to provide work should be added together, and the number of overtime hours and night work hours that take into account the 'surcharge rate' for calculating the surcharge should not be added together.
Supreme Court 2020.
2. 20.
The full bench decision in case No. 2019du52386 ruled that if a worker who had filed an application for relief from unfair dismissal and was contesting the validity of the dismissal became unable to return to his or her original position due to reasons such as reaching retirement age or the expiration of the employment contract, but needed to receive payment equivalent to the wages during the period of dismissal, there was an interest in appealing the Central Labor Relations Commission's retrial decision that dismissed the application for relief.
Supreme Court 2023.
5. 11.
The full bench decision in cases 2017da35588 and 35595 abolished the so-called “socially reasonable doctrine” of previous precedents, stating that if an employer changes the employment rules to the disadvantage of employees without obtaining the employees’ consent through a collective decision-making method, the validity of the employment rules cannot be recognized simply because the drafting or change of the rules is socially reasonable, unless there are special circumstances that can be seen as an abuse of the labor union or employees’ right to collective consent.
Supreme Court 2024.
12.
19.
The full bench decision of Sentence 2020da247190 redefined the concept of regular wages, excluding the concept of fixedness suggested by previous case law from the conceptual indicators of regular wages.

In addition to the above plenary decisions, there are also decisions on whether platform workers are considered workers under the Labor Standards Act, such as decisions on the criteria for determining whether workers are workers, decisions on the worker status of exclusive contract drivers, decisions on whether retroactive wage increases correspond to regular wages, decisions on the distinction between dispatched and subcontracted work, decisions on working conditions applicable to workers who were dispatched workers and then directly hired, decisions on invalidating the wage peak system for maintaining retirement age due to age discrimination, decisions on expectations such as the right to expect re-employment after retirement, the right to expect employment succession due to a change in service provider, and the right to expect employment conversion to regular employment, decisions on the prescribed working hours of university part-time lecturers, decisions on ordinary dismissal due to poor work performance or work ability, decisions on liability for damages due to violation of the obligation to re-employ after layoff, decisions on the validity of wage deductions provided for in employment rules or employment contracts, decisions on whether waiting time, rest time, and training time correspond to working hours, and decisions on the criteria for determining whether the limit on overtime work per week is exceeded. There were rulings, rulings on whether a holiday is considered a holiday, rulings on the statute of limitations and starting point for claims for unused annual leave, rulings on the worker's right to stop work, rulings on whether an employer has violated the duty of care for a worker raising a child and the criteria for judging it, rulings on the legality of personnel orders for workers who have completed childcare leave, etc.

In this revised and expanded edition of the 2nd edition of the Labor Standards Act, 2024.
12.
It reflects the revised laws and precedents announced up to the 31st.
However, with some exceptions, literature published after the publication of the second edition was not reflected, and we hope to reflect this in the third edition.

The Supreme Court Labor Law Practice Research Association published the second edition of the Labor Standards Act Commentary in 2023.
2. The second edition of the Trade Union and Labor Relations Adjustment Act has been published.
I would also like to express my sincere gratitude to the authors and editors who worked with me on the revised and expanded second edition of the Labor Standards Act Commentary.
I would also like to express my gratitude to the staff at Park Young-sa, who have continued to publish this book.


I hope this book will contribute, even if only slightly, to realizing the constitutional vision that human dignity should be guaranteed in individual employment relationships.

thank you


2025.
1.
Co-editor-in-chief
Lee Heung-gu