1. Basic Structure
Understanding Labor Law is the most basic requirement for efficient human resource management. Human resource and labor managers implement their tasks on the basis of their knowledge of Labor Law. Labor Law is constantly being revised, so it is important to stay up-to-date on them. The following figure illustrates a systematic classification of Labor Law:

2. Categories of labor law
(1) Individual labor relations laws
The individual labor relations laws define the relationship between individual employees and their employers. In other words, they provide legal criteria pertaining to a contract of employment between an employer and his/her employee, the contents of the employment relationship, and the procedural requirements for modifying or terminating the employment relationship, thus protecting working conditions for individual employees.

(2) Collective industrial relations laws
The collective industrial relations laws govern labor relations between worker organizations, such as labor unions and employee representatives, and employers. These laws are intended to establish an autonomous problem-solving practice(labor-management autonomy) by guaranteeing the right to organize for all workers, particularly those who are underprivileged in social and economic terms, as compared to their employers, so that the former may be on an equal footing with the latter.

3. Scope of Labor Law Application


4. The Sources of Labor Laws and the Order of Priority

(1) Types of Labor Laws
The sources for the labor laws are reference rules that the judges use in the court as the criteria of judgment on the disputes related to labor laws. The sources for the Labor Laws are: ① theConstitution, ② Related Labor Laws, ③ Common Law, ④ Self-governing rules, ⑤ International Labor Laws.

(2) Conflicts in the sources of laws and their effects
1)Principle of priority on higher laws－Higher laws are preferred to lower laws(e.g. constitution is higher than the Labor Standards Act).
2)Principle of priority on special laws－Special laws are preferred to general laws(e.g. Labor Standards Act > Civil Law).
3)Principle of priority on most recent laws－When two laws are applicable to the same situation, the law that has been most recently revised is preferred.
4)Principle of priority on better conditions－Labor Laws promoting better working conditions are preferred over the ‘principle of priority on higher laws.’


5. Labor Laws in Relation to Other Laws

(1) In relation to Civil Law(Additional Translation)
Labor Laws originating from the principles of civil law are generally applied under the Civil Law. Though civil law is based upon principles such as the absolute principle of ownership, the principle of freedom to contract, and the principle of self-responsibility in accidents, this has only induced greater social inequality between people. Hence, Labor Laws have been constituted to reform the inequality. Accordingly, principles under Civil Law have been applied to working conditions unregulated by Labor Law. These include the principle of faith and sincerity and the principle of preventing the abuse of rights.

(2) In relation to Criminal Law(Punishment for Off-limit)
Labor Laws are regulations that must be strictly enforced since punishment will result if violated. Given that working conditions regulated under the Labor Standards Act are mere minimum standards, violators are subject to criminal punishment in case of any violation.
In cases where worker's rights disagree with the employer's ownership rights, a labor union's counteraction, such as a strike for the betterment of working conditions, is exempt from civil or criminal liability. However, any violence or destruction caused as a result of the labor union's activities will not be tolerated(Article 3,4 of the Labor Union Act).