노동관계법규 (Labor Relations Law)
What this domain tests
노동관계법규 tests concrete statutory rules: 근로기준법, 노동조합법, 근로자참여법, 고용보험법, 직업안정법, 기간제법, 파견법, and 남녀고용평등법. Items are usually short fact patterns asking for the legally correct outcome.
Core rules and concepts
- 근로계약 and 임금: wages must be paid in currency, directly to the worker, in full, and regularly. Written notice is required for specified terms.
- 해고: a just cause is required, plus 30 days' notice or 30 days' ordinary wages; notice exceptions include disaster and workers within the first three months of probation. Unfair-dismissal relief must be sought from the Labor Relations Commission within three months.
- 근로시간: 40 hours per week, with up to 12 hours of overtime; annual leave is 15 days after one year with at least 80% attendance, plus one day every two years after three years, capped at 25 days.
- 노동조합법: union establishment reporting, collective bargaining, dispute procedures, essential-work maintenance, and unfair labor practice rules.
- 직업안정법: free employment placement is the principle; fee-charging placement requires registration.
- 기간제법: fixed-term contracts over two years are deemed open-ended; discriminatory treatment is prohibited.
- 고용보험법: unemployment benefits require 180 insured days in the 18 months before separation, with voluntary resignation generally disqualifying.
Worked example
A worker with six years' service and full attendance asks how many annual-leave days she has. Base: 15 days. After three years: one extra day per two years, so 15 + floor((6−1)/2) = 17 days. The reasoning is statutory, not contractual: the employer may grant more, but not less.
Traps that cost marks
Forgetting the three-month filing deadline; applying 30-day notice to every dismissal; confusing annual leave with monthly leave; and assuming all fixed-term contracts automatically convert after two years.