A Study on the Control of the Exercise of Rights in De Facto Employment Contracts under Civil Law -Focusing on the Doctrine of Laches and Termination Based on the Change of Circumstances-

June 30, 2026Law Review

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Key Points

The aim is to explore the challenges posed by post-contractual rights in de facto employment relationships and seek solutions.
Examined legal principles such as the doctrine of laches and changed circumstances in the context of employment disputes.
Proposed criteria for systematic evaluation of delayed rights exercise considering various influencing factors.
Differentiated claims for worker status confirmation and monetary claims for various regulatory approaches.
Identified the need for new approaches to balance worker protection with legal stability in de facto employment disputes.
Proposed a framework that comprehensively assesses the implications of delaying rights exercise on both workers and employers.
Clarified functional distinctions between the principle of inefficacy and the principle of changed circumstances.

Examines the regulation of post-contractual rights in de facto employment, suggesting new legal frameworks for better balance.

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Hong-Young Ha (2026) studied this question.

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