노동사회법원의 설립 ― 보편적 사회권의 실효적 보장을 위한 사법적 응답 ―

초록

This article revisits the ongoing discourse concerning the establishment of the Labor and Social Court and explores litigation procedures necessary to enhance the effective protection of labor rights and social security rights. Despite long-standing discussions, the implementation of such a specialized court in South Korea has been delayed for various reasons, and the current dispute resolution mechanisms have reached their limits amid changes in the labor environment, such as the proliferation of non-standard employment. The urgency for a specialized court is increasingly evident. Critical and practical issues—such as defining the relationship with the Labor Relations Commission, addressing the imbalance of evidence, reducing litigation costs, ensuring effective provisional remedies, constructing a tiered appellate structure, establishing jurisdiction and methods for selecting judicial personnel, and granting rights of legal representation—require ongoing and in-depth discussion. The common objective in resolving labor and social security disputes is to protect the socially vulnerable and guarantee the right to a dignified life. To realize this in litigation procedures, the article considers adopting a cooperative litigation paradigm that integrates the strengths of both adversarial and inquisitorial approaches. Rather than merely expanding judicial discretion, it seeks to find a balanced optimal point in relation to the principles of party autonomy and oral advocacy, thereby correcting procedural disadvantages for vulnerable parties. The establishment of the Labor and Social Court is not simply the creation of a new institution but represents a judicial response aimed at substantively protecting social rights and restoring public trust in the legal system. Building its foundation is now a collective responsibility.

키워드