전자감시기술을 이용한 노동통제로부터의 근로자 권리 보장 방안 (A Protection of Employee's Right against Surveillance in the Workplace)

서지정보

· 발행기관 : 고려대학교 법학연구원
· 수록지 정보 : 고려법학 / 51호 / 111 ~ 146페이지
· 저자명 : 김경화

초록

Surveillance has continued at employers' necessity. However the
problem is that substances and characteristics of surveillance are
changing essentially because of the development of information and
communication technologies. It has to be understood that new
technology is easily used by people who have been vested rights.
Therefore, it is important to regulate democratically by people of
various classes' participating for preventing the reversing function and
misuse of new technology. At once, criterions of normative judgment
should be formed.
I categorized surveillance according to purposes, objects, means
and aspects of acts to establish a standard of regulation and derived
criterions of constitutionality according to categories. First of all,
surveillance category according to purposes is constitutional so far as
it is not for disturbance of labor union because it satisfies the justice
of purpose. Secondly, surveillance category according to objects can be
judged the constitutionality in relevance to a work. The more it is
relevant to a work, the more it is constitutional. The more it is
relevant to a employee's privacy, the more it is unconstitutional
because the suitability of means is not confirmed. When the suitability
of means is confirmed, it can be judged whether the damage is the minimum or not. It is according to whether appeasement means can be
used to accomplish purpose of surveillance or not. When the damage is
the minimum, it should be judged the balance of the benefit and
protection of law according to whether employer's interests are bigger
than employee's or not. Eventually, when the balance of the benefit
and protection of law is confirmed, surveillance can be said it is
constitutional. However, as the final step, the constitutionality of
surveillance should be judged by the aspect of act like recording,
acquiring, keeping, analyzing and processing.
There are limits from the root in the present laws. Therefore, I
suggested the plan to provide for necessary mentioned items of the
rules of employment or to stipulate for obligatory matters of decision
and compulsory agenda of collective bargaining for employee can
control their information on equal terms with employer. In addition, I
propose not only safety regulations but also Technology Assessment
for minimizing the employee's damage. TA is pertinent to prevent an
abuse technology and perversion of human's life.

영어초록

Surveillance has continued at employers' necessity. However the
problem is that substances and characteristics of surveillance are
changing essentially because of the development of information and
communication technologies. It has to be understood that new
technology is easily used by people who have been vested rights.
Therefore, it is important to regulate democratically by people of
various classes' participating for preventing the reversing function and
misuse of new technology. At once, criterions of normative judgment
should be formed.
I categorized surveillance according to purposes, objects, means
and aspects of acts to establish a standard of regulation and derived
criterions of constitutionality according to categories. First of all,
surveillance category according to purposes is constitutional so far as
it is not for disturbance of labor union because it satisfies the justice
of purpose. Secondly, surveillance category according to objects can be
judged the constitutionality in relevance to a work. The more it is
relevant to a work, the more it is constitutional. The more it is
relevant to a employee's privacy, the more it is unconstitutional
because the suitability of means is not confirmed. When the suitability
of means is confirmed, it can be judged whether the damage is the minimum or not. It is according to whether appeasement means can be
used to accomplish purpose of surveillance or not. When the damage is
the minimum, it should be judged the balance of the benefit and
protection of law according to whether employer's interests are bigger
than employee's or not. Eventually, when the balance of the benefit
and protection of law is confirmed, surveillance can be said it is
constitutional. However, as the final step, the constitutionality of
surveillance should be judged by the aspect of act like recording,
acquiring, keeping, analyzing and processing.
There are limits from the root in the present laws. Therefore, I
suggested the plan to provide for necessary mentioned items of the
rules of employment or to stipulate for obligatory matters of decision
and compulsory agenda of collective bargaining for employee can
control their information on equal terms with employer. In addition, I
propose not only safety regulations but also Technology Assessment
for minimizing the employee's damage. TA is pertinent to prevent an
abuse technology and perversion of human's life.

참고자료

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