단시간근로 규제의 문제점과 과제 = The Problems and Challenges for Regulation of Part-time Work

다국어 초록 (Multilingual Abstract)

This article analyzes various problems of present legal framework of part-time work from the perspective that individual employees are able to substantialize their life cycle better with part-time work rather than full-time work; and proposes to reorganize the approach to the legal framework of part-time work by referring to the examples of foreign legislation in the same issues. Part-time work is regulated by various labor related acts instead of single act focusing solely on part-time work. The form of regulation is to exempt or reduce the protection guaranteed by Labor Standards Act. These characteristics of present legal regulation of part-time work raise numerous problems. Further examples of problems are as follows: part-time employees of less than fifteen weekly work hours are exempted from weekly holiday, annual leaves and severance pay without reasonable grounds; part-time workers are substantially deprived from the right to annual leaves because annual leaves are operated by time-based not by day-based, which constitutes the violation of international labor standards; and the right to request part-time work of regular employee is acknowledged only under work-life balance program and denied in ordinary bases, which has bad influence on expanding women employment under the circumstance that the ratio of women workers dominates in part-time work. Present legal regulation as to reducing the range of protection under current labor related acts which mainly applies to full-time employees with eight hours of work in a day and forty hours of work in a week. This form of regulation has to be changed to independent system which considers the distinct characteristics of part-time work and its significance. This article propounds the legislation of single act on protection of part-time work.

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