Labor law was born to modify the capitalism system in the 19th century in Europe, where rapid industrialization took place. However, unlike European labor law, Korea's labor law was enacted in the absence of a law to regulate labor rights due to special historical situations such as Japanese colonial era and the Korean War. Therefore, since Korea's labor law has a different background from European labor law, it cannot be said that Korea's labor law is a special law of Civil Act as in Europe.
At the time of the first labor law legislation, Korea enacted four Labor Acts, including the Labor Standards Act, but at the time of enactment, Korean workers had no experience in achieving social autonomy by collective will through labor unions. As a result, the Labor Standards Act is the central law of the labor law and performs all functions of the labor basic law, the labor protection law, and the labor contract law.
Since labor contracts differ from general sales contracts in that the goods are labor, and from general employment contracts in terms of actual equality between worker and employer, the Labor Standards Act has an independent concept and principle of labor contracts as a labor contract law. Therefore, when dealing with labor contracts, the Labor Standards Act should be applied as a general law, and the Civil Act can be applied only in exceptional cases as a special law.