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중국 유연 근로시간제의 법적 문제점과 개선방안 - 503호 문건을 중심으로

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영문명: Legal Issues and Improvement Plans for China's Irregular Working Hours System : Centered Around Document No. 503
발행기관: 충북대학교 법학연구소
저자명: HUANG YU 김태현(Tae Hyun KIM)
간행물 정보: 『법학연구』第35卷第2號, 407~434쪽, 전체 28쪽
주제분류: 법학 > 법학
파일형태: PDF
발행일자: 2024.12.31

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국문 초록

The employment model in modern Chinese society has become increasingly flexible, prompting the adoption of the Labor Law of the People’s Republic of China in 1994. Since then, various governmental bodies have issued regulations on irregular working hours, achieving some success in protecting workers' rights and fostering enterprise growth. However, current research on irregular working hours in China is insufficient, particularly in legislation and practical application, leaving a gap in addressing contemporary needs. This article examines the challenges of China's irregular working hours system and suggests improvements based on international practices. Countries like South Korea, the United States, and Japan have established well-developed systems and gained extensive practical experience, providing valuable insights for China's reforms. Several issues plague China's current system. First, the scope of application is defined through enumeration, which is too narrow. Second, the criteria for applicable positions are vague, leading to inconsistencies in implementation. Third, the system lacks flexibility to adapt to societal changes. To address these issues, this article proposes learning from international examples. South Korea’s flexible working hours emphasize employer-employee agreement, promoting adaptability. The U.S. white-collar exemption system offers clear job classification standards for managers and professionals, ensuring regulatory precision. Japan’s discretionary labor system specifies detailed application scopes for professional and planning roles. Adopting these measures could clarify job standards in China’s regulations and expand flexibility under Document No. 503. Such reforms would enhance worker satisfaction, efficiency, and work-life balance. The article comprises five chapters: (1) research background and objectives, (2) definition and current state of China’s system, (3) legal issues, (4) recommendations for legislative improvements, and (5) conclusion summarizing key findings. The study emphasizes the importance of aligning China’s irregular working hours system with evolving social and economic needs.