Realization of Right to Work in response to Digital Transformation

Seokhan Hong
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Abstract

Digital transformation has emerged as a hot topic around the world, attracting attention as an opportunity to overcome various crises and discover new growth engines. This paper examines the impact and problems of digital transformation in realizing Right to Work and suggests normative responses. Digital transformation may increase unemployment and lead to job polarization and subsequent expansion of income inequality and poverty. Additionally, as the number of unstable workers increases, blind spots in protection of labor laws and social insurance may increase. In addition, as work flexibility increases, the risk of work-life balance, health, and privacy being violated may increase. Furthermore, as recruitment and personnel management using intelligent information technology expands, problems such as trans- parency, fairness, and the possibility of infringement on personal information and privacy may arise. The normative response to these problems is to maintain the principle that digital transformation is ultimately for the benefit of humans and must contribute to the guarantee of basic rights, while keeping in mind the harmony of autonomy and regulation, strengthening transparency, and securing social integration. Above all, policies are needed to revitalize industrial dynamics to promote employment. The introduction of basic income may be considered, but sufficient prior review and social consensus must be obtained. In addition, we must be able to adapt to various new problems in the work area that arise due to digital transformation by expanding the scope of application of labor-related laws and including new disciplinary content. First, the requirements for recognizing worker status must be newly established and a social security system that can cover all unemployed individuals must be established. Next, in response to problems that may arise as digital work and full-time work becomes possible, the right to disconnect is needed to be specified and the paradigm of the occupational safety and health legislation must be changed. Furthermore, it is necessary to respond to situations where recruitment and personnel management using intelligent information technology are widely used. Measures are needed to establish minimum standards for data use and ensure transparency while being careful not to excessively restrict the possibility of data use or infringe on autonomy by imposing excessive regulations.
在数字化转型中实现工作权
数字化转型已成为全世界的热门话题,作为克服各种危机和发现新增长引擎的契机而备受关注。本文探讨了数字化转型在实现工作权方面的影响和问题,并提出了规范性对策建议。 数字化转型可能会增加失业率,导致就业两极分化,进而扩大收入不平等和贫困。此外,随着不稳定工人数量的增加,劳动法和社会保险的保护盲点也可能增加。此外,随着工作灵活性的增加,工作与生活的平衡、健康和隐私受到侵犯的风险也可能增加。此外,随着使用智能信息技术的招聘和人事管理的扩大,可能会出现跨亲子关系、公平性以及侵犯个人信息和隐私的可能性等问题。 应对这些问题的准则性对策是,坚持数字化转型最终是为了人类的利益,必须有助于保障基本权 利的原则,同时注意自治与监管的和谐,加强透明度,确保社会融合。 最重要的是,需要制定政策,重振产业活力,促进就业。可以考虑引入基本收入,但必须事先进行充分的审查并取得社会共识。此外,我们必须能够适应数字化转型带来的工作领域的各种新问题,扩大劳动相关法律的适用范围,纳入新的惩戒内容。首先,必须重新制定劳动者身份的认定条件,建立能够覆盖所有失业人员的社会保障体系。其次,为了应对数字化工作和全职工作成为可能后可能出现的问题,有必要明确规定脱产的权利,并改变职业安全和健康立法的范式。此外,有必要应对广泛使用智能信息技术进行招聘和人事管理的情况。需要采取措施,制定数据使用的最低标准,确保透明度,同时注意不要过分限制数据使用的可能性,也不要通过强加过多的规定侵犯自主权。
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