勞動市場에서의 非正規職의 現實과 政策的 對案에 관한 硏究 = (The) reality of temporary workers in labor market and study on its political alternatives

다국어 초록 (Multilingual Abstract)

This study examines critical problems in regard to the contingent workers and strategic alternatives to resolve such problems. This study also includes studying of labor condition, social labor types and protective measures for contingent workers (and relevant social status quo), general understandings toward contingent workers, previously existing labor union's perspectives toward contingent workers, demands for systemization of laborers' organizations and other overall aspects and problems that are relevant to contingent workers.
Many of European countries have seen the rise of contingent workers, and they have developed social welfare structures to cope with such changes in labor market, i.e. the increase in flexibility of the market. They have activated market-friendly social welfare systems and have steadily rephrased and reconstructed the welfare system in the sector of senior issues, child birth encourage matters, gender equality problems, insurance relevant matters and etc. to meet the aging society and the changes in the family structure. As for the North American states, they devised 'workfare' policy to connect the welfare allowances and working condition to hinder the entrance of unstable and low-paid laborers to the labor market. Unlike North American countries, European states have established social safe guard that could minimize the damages for the lowest paying families such as providing tax exemptions or lowest income guarantee systems. These measure save many families from falling into the darkest poverty and being fully exposed to the cruel and merciless market principles.
The status quo of contingent workers in Korea is quite different from such mentioned countries. There are not systemized legislatures that could protect contingent workers, and we still see many cases that lack any rational adjudication. Firstly, the current legislature does not specifically state the objects of hiring contingent workers, Secordly, the present formalities for the use of contingent workers are highly inadequate to suppress the increasing use of contingent workers in the market. Thirdly, there are not systemized legislatures that could supervise excessive and repeated use of contingent workers.
Therefore, it is a great necessity to fast conclude the discussion of revising relevant matters of the KTC (Korea Tripartite Commission)
First, we should state provisions that could restrict any discrimination toward contingent workers with the excuses of labor period, working hours, or other differences in labor types. The provision should also include the payment relevant issues. In other words, the contingent workers should receive same rate of wages in compare to other regular workers if contingent workers manifest same value of labor quality, or if they are in the same business sector. Secondly, the legislation should also state cases that grant labor contract upon periods, contract lasting period, possibility of repetition or renewal of contract (in the case when setting up contract period has already became too ritual due to the repeated renewal, and when the labor contract relevant evaluation issues rise), measures for the violations for the revised legislation and the severeness of the penalty. Third problem would be determining the maximum labor hours, fixing up extra labor hour measures, payment for the extra working hours, welfare benefits for the short-term laborers (less than 15 hours in a week) etc. Fourth, we should also examine the judgmental basis of sending out temporary workers and acceptable business sectors (problems that are so-called positive list and negative list), temporary work granting period, renewals, violations restrictions and legislatures in regard to the recruiting and registering of commercial permits (upon the type of temporary workers). Fifth matter would be establishing the concept of laborer and its principles in the market to be properly accepted (14th Article of Labor Standards Act), revising to user-inclined legislatures (15th Article of Labor Standards Act and 2nd Clause of Labor Union and Labor Relations Arbitration Act), and the acceptable scope of principles when these two measures have taken place in respect to the three basic rights of laborers. Sixth sector is improving the welfare relevant issues as of labor insurance, medical insurance or national pension for small-scale businesses or short-term contract workers (two to three months), daily workers or workers who work 18 hours in a week or 80 hours in a month. Currently, many business owners attempt to avoid welfare benefits to such laborers, and this measure should also take into consideration of the welfare exemptions for the 15 hours a week workers and relevant charges for insurance benefits.
Mores specifically, the government should legislate systemized labor acts that could strictly control discrimination and prevent abuses for contingent workers. Currently, such evil practices are widely rampant in the society. Furthermore, at present, business sectors that allow temporary workers are selected with negative process, and this process is included in the governmental legislation. However, this measure has been generated middle-term exploitative abuses and illegal laborer supplying conventions. Therefore, this should be fundamentally revised. Tn addition, labor relevant supervision should be strengthened to eliminate illegal abuses for contingent workers. For this, we could devise participation of civil organizations to supervise work places to establish law-abiding convention in the labor market firmly.

목차 (Table of Contents)

• 목차 = ⅰ
• 제1장. 서론 = 1
• 제1절 문제제기 = 1
• 제2절 논문구성 및 분석방법 = 2
• 제2장. 비정규직 시장의 이론적 배경 = 4
• 제1절 이론적 배경 = 4
• 제2절 사전연구 및 평가 = 7
• 제3장. 노동시장 유연화 및 비정규직의 현실 = 9
• 제1절 비정규직 고용현황 및 유형 = 9
• 제2절 노동시장의 유연화의 원인 = 17
• 제3절 노동시장의 유연화 = 19
• 제4절 노동시장 유연화의 귀결 = 22
• 제5절 노동시장에서의 비정규직의 현실 = 23
• 제4장. 비정규직 문제점에 대한 대책방안 = 31
• 제1절 비정규직 증가에 따른 유럽국가의 대응 = 31
• 제2절 노동조합과 비정규직 노동자의 조직화 = 33
• Ⅰ. 노동조합의 위기 = 33
• Ⅱ. 노동조합의 혁신 = 36
• 제3절 비정규직 노동자 보호를 위한 정책방향 = 38
• Ⅰ. 주요쟁점별 개정논의 현황 = 40
• Ⅱ. 노동법적 과제의 실질화 = 43
• 제5장. 결론 = 45
• 참고문헌 = 48
• Abstract = 51