사법 : 파견근로자의 직접고용에 대한 평가와 해석과제

박수근 ( Su Keun Park ) 한양대학교 법학연구소 2007 법학논총 Vol.24 No.2

직위해제의 노동법상 쟁점과 해석

박수근(Park Su-Keun) 한국노동법학회 2008 노동법학 Vol.0 No.26

This article aims to review legal Issues connected with Dispute of the Administrative Leave of Labor Standards Act in Korea. It is mainly composed of four Parts in a View of Contents. The first Part(ChapterⅡ) is to confirm the Conception and legal Character of the Administrative Leave which is used in practical of personnel Management and Dispute Cases of it in recent years. The Administrative Leaves are especially divided Employee's personnel Performances or punitive Measures according to legal Character. The second Part(ChapterⅢ) is to treat Contents and legal Relations of the Administrative Leaves. Especially, it is Overview for Wages of the Working Conditions which Workers are in the Administrative Leave. The third Part(ChapterⅣ) is to treat the Justification of the Administrative Leave in Employment Relations and Disputes. Labor Laws demand justifiable Reasons of the Administrative Leave for Workers which are with it. The last Part(ChapterⅤ) is to review Rightfulness or Restriction on Dismissal. When a Labor Contracts come to an End after the Administrative Leave according to Provisions of Rules Employment etc, it demands justifiable Reasons for Dismissal.

구조조정을 위한 인사권의 행사와 노동법의 과제

박수근(Park Su-Keun) 한국노동법학회 2008 노동법학 Vol.0 No.28

Korea companies have carried out an active and continuous restructuring of their employees after the 1997 economic crisis. Especially, the standard for restructuring was a personnel measure based on comparative evaluation results through right of administration. A recent tendency or pattern of personnel administration for restructuring can be divided general employment and fixed-term employment by a view of labor contract, they appear a difference in legal basis of employment contract or labor law. In the first pattern, employers have dismissed their employees through the administrative leave or interchange of personnel as to evaluation results. in the second type, employers could freely make fixed-term employees terminated by refusing to renew an employment in the reason of personnel performance rating. Korea Labor Standards Act, and Employment Protection Legislation(2007 enactment) have not law-clause to being restraint under discipline of employees as the right of personnel administration for restructuring. Judicial courts adhere to the principle that it is authority of employer in general employment or renewal of fixed-term contract is at the discretion of employer. but they gradually try to expand the scope of its exception or to reduce a range of discretion. this is a law-theory of rationality or equity in acting of right of personnel administration. In the end, it is necessary to accept a recent tendency of personnel administration for restructuring and to introduce this within the subject of labor law in order to protect employees under dismissing or refusing to renew an employment.

기간제 근로계약과 시용기간

박수근(Park, su-keun) 충남대학교 법학연구소 2018 法學硏究 Vol.29 No.4

본 논문은, 기간제 근로계약과 시용기간을 둘러싸고 발생하는 세 가지 쟁점을 다루고 이와 관련된 사례를 소개하므로, 네 부분으로 구성된다. 첫째, 근로계약기간과 시용기간은 어떤 관계에 있는지를 검토한다. 둘째, 기간제 근로계약에 시용근로를 허용할 것인지 여부에 관한 입장대립과 필자의 의견을 제시한다. 셋째, 기간제 근로계약에 시용근로를 허용한다면 본 채용을 거절하는 합리적 이유는 어떻게 해석해야 하는지를 검토하고, 시용근로제도의 취지를 살리면서 근로자를 보호하는 해석론을 제시한다. 넷째, 최근 기간제 근로계약에서 시용근로가 문제된 사례에 관한 노동위원회의 판단과 법원 판결을 소개하고, 새로운 해석론을 기초로 하여 타당한 해석방안을 제시하고자 한다. This article aims to review legal issues in connected with fixed-term contracts of employment and probationary period. It is mainly composed of four parts in a view of contents. The first part(ChapterⅡ) is to confirm legal issues about meaning of duration out of a fixed- term contracts of employment. In other words, that is whether to the period of employment or probationary period. The second part(ChapterⅢ) is to treat whether probationary work is allowed to a fixed- term contracts of employment. For example, contracts of employment on one year is recognized as probationary period of three months? Probably, a opinion about this legal issue will be divided into permission or no, and eclecticism. The fourth part(ChapterⅣ) is reasonable and logical interpretation, if this eclecticism is chosen in connected with fixed- term contracts of employment and probationary period. The last part(ChapterⅤ) is conclusion, and especially to review dispute cases about fixed-term contracts of employment and probationary period be treated in the NLRC and court in recent years.

스키선수의 사회적응을 위한 사회연결망 구성에 관한 연구

박수근(Park, Su-Keun),한광령(Han, Kwang-Leoung),김우석(Kim, Woo-Suk) 한국체육과학회 2011 한국체육과학회지 Vol.20 No.6

This study aims to define the role of social linking network for ski player dropouts adapting to society. To that end, researches on social linking network were collected, and of them, based on the social liking network theory by Barns(1977), a theoretical reference frame was established, and an appropriate qualitative research method was adopted. Subjects were sampled from ski players who had five years of experience, who were ski player dropouts, and who had five years of social experience such as in occupation. Data were collected through interviewing with them, participant observation, e-mail, and speaking by phone. Data were coded as work of conception. Coded data were systematically arranged, themes were defined, and through differentiation method, matching method, and simultaneous conversion method, the sub category, the theme category and the core category were determined. Thus, the following conclusion was derived. A new social linking network for ski player dropouts was categorized into reestablishment of philosophy of value, establishment of next goals, reciprocal human relations, acceptance of organizational culture, and acceptance of occupation, under relational approach. Under locational approach, the network was divided into positive attitude toward being a dropout, centric-human relation mediating human relation, and negative human relation.

자발적 단시간근로 확대를 위한 법제도적 개선 방안

박수근 ( Su Keun Park ),김근주 ( Keun Ju Kim ) 한양대학교 법학연구소 2014 법학논총 Vol.31 No.1

There is a political movement to extension of a voluntary part-time work for improvement of employment-population ratio by the government. Traditionally, a part-time work has been recognised as the transition way to get a full-time job or the method to balance job and family for working women. As times change, there are a lot of demand for finding a part-time work with various reasons. Nevertheless, the legislations related to employment and labour relations seem to presume that a general-type of an employee is a full-time worker. The anti-discrimination procedure for irregular workers has been introduced to resolve this problems since 2006 (there was not a lot in between). In these circumstances, this article trys to find a way for extension of a voluntary part-time worker in perspective on Labour Law. The article deals with two substantive matters, one is flexible work in employment and the other is the anti-discrimination procedure. There are two types of a part-time work, new hiring part-time work and the converted one from a full-time worker, and the latter could be in the true sense of a voluntary part-time work. To promote a part-time work and to realise work-family balance, the Equal Employment and Work-Family Balance Assistance Act(EWBA) provides a flexible working system. The problem is that there are a lot of ways to get around the regulations for employer and there is no method to guarantee the effectiveness of that. To make better use of the system, it should be changed when a full-time worker asks an employer to transpose into a part-time worker, the legal obligation of an employer should be established for consultation and agreement. Moreover, the boundaries of claim for a part-time work should be extended in a full-time employee who has to do family care. To improve the effectiveness of the anti-discrimination procedure for a part-time worker, the regulations about the prerequisite should be changed for the applicant and the comparator requirement to promote the claim as well as systematic changes to beef up professionalism to judge discrimination in employment. The limited right for equal treatment in the regulations does little to confront the problems. In order to bring about the genuine transformation of a part-time work, the focus should be on the protection of their rights.

위법한 파견과 직접고용에 관한 쟁점 및 해석

박수근(Park, Su-Keun) 성균관대학교 법학연구소 2008 성균관법학 Vol.20 No.3

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. This is to treat Type and Legal Issues with Dispute of the Multilateral Employment and Collective Labor Relations in the NLRC and Supreme Court in recent years. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. This is to treat Type and Legal Issues with Dispute of the Multilateral Employment and Collective Labor Relations in the NLRC and Supreme Court in recent years. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker. The last part is Conclusion. Its propose a Plan or Scheme for Resolution of Problems in being produced Multilateral Employment Relations.

파견근로자의 사용사업주에 대한 집단적 노동관계 -독일의 사업장위원회에서 지위와 활동을 중심으로 비교-

박수근 ( Su Keun Park ) 한양대학교 법학연구소 2003 법학논총 Vol.20 No.-

사법 : 대학교수 임용의 적용법리와 해석과제

박수근 ( Su Keun Park ) 한양대학교 법학연구소 2007 법학논총 Vol.24 No.3

노동분쟁과 대체적 분쟁해결방안 - 우리나라에서 노동분쟁해결의 현황과 과제를 중심으로

박수근(Su-Keun Park) 한국비교사법학회 2006 比較私法 Vol.13 No.1

  This paper mainly examines the current and actual situation of the labor disputes and alternative dispute resolution in Korea. The main contents of this paper is can be divided into three sections.<BR>  The first section is the analysis of the resolution of labor disputes under National Labor Relations Commission. The main methods are mediation and adjudication of labor disputes for rapid, appropriate and efficient settlement.<BR>  The second section is the judicial settlement of labor disputes under civil court system. The jurisdiction is dispute-right of the nature labor disputes.<BR>  The third section suggests my idea for the resolution system of the labor disputes in Korea.