정규직과 비정규직 문제에 관한 공법적 검토

다국어 초록 (Multilingual Abstract)

In the present-day capitalistic society, full-time job is a rather popular pattern of employment that allows employees to work until retirement as far as they can hold themselves free from any cause for dismissal. Whereas, part-time job has a certain term of employment fixed by the working contract and terminated automatically at the end of it even when employees are not exposed to any cause for dismissal. Under this system, employees are neither assured of lifelong employment, nor protected by the legal provisions to limit dismissal.
Therefore, the only and ultimate solution to the issue of part-time employment is to substitute it completely with full-time employment considering that part-time workers are suffering from inferior and differential working conditions including lower wage, harder labor intensity, lack of social security and even employment uncertainty, compared to full-time employees. It is very natural for part-time workers who are put to such harsh conditions to claim for equal treatment to full-time workers, a position that stands in sharp contrast with the management which favors expansion of part-time employment under the flexible employment system. If the highest value can be put on maintaining the decent human life of all social members, then the solution will be found surprisingly easily.
It seems fair to seek solution by protecting part-time workers through revision of the existing Labor Standard Law while it is thought definitely unfair to make a special law separate from the Labor Standard Law, because legislation of a special law which is to encompass all types of part-time work may give to the people concerned an impression that the part-time employment itself has been legalized. Realistically, it will not be easy as well to cover a vast range of part-time works in a single law systematically and comprehensively.
The basic right of labor by all workers is already assured by the Constitution and nobody will raise objection to the fact that part-time workers are also provided with the basic right of labor in an unwritten rule. The basic right of part-time workers is thus not the matter of legislation but is the matter of perception and execution. In this sense, no extra law should necessarily be enacted to this end but, instead, efforts should be made to meet the needs, if any, by altering or modifying the related provisions of the Labor Standard Law, the Law of Trade Union and Labor-related Arbitration. It is proposed, however, to abolish the Law governing Protection of Dispatched Laborers which turned out to be used for such evil purposes as exploitation of wages.
Pending these issues, opinions have been sharply divided between the government and the labor organizations. As recently as Sep. 10, 2004, the government announced plans to legislate the law for protection of part- or short-time employment(proposal) and the law for protection of dispatched workers(proposal).
Before closing, it must be added that as this paper sums up what was published at the seminar of the Korean Comparative Public Law Association held on June 26, 2004, the proposed laws cannot be reviewed here.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 정규직과 비정규직의 의의
• Ⅲ. 정규직과 비정규직의 차별에 관한 문제점
• Ⅳ. 비정규직의 보호를 위한 법적 쟁점과 대책
• Ⅴ. 결론
• 참고문헌
• 〈Abstract〉

참고문헌 (Reference)

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