근로권의 -고용보장 측면에 대한- 해석의 확장과 함께 그 보장을 위한 구체적 실현방안으로 직업능력개발을 제시하였다. 직업능력개발은 취업준비자에게는 근로자로 나아가기 위한, 비정규직 근로자에게는 정규직으로 전환되기 위한, 정규직 근로자에게는 고용보장을 위한 것으로서 사실상 중요한 기능을 담당하고 있다. 그러나 현실적으로 직업능력개발이 단지 실업자를 구제하기 위한 국가의 다양한 정책 중 하나로서 여겨지고 있으며, 직업능력개발에 대한 저효율, 비용낭비 등과 같은 많은 문제점과 한계를 드러내고 있는 것이 사실이다. 따라서 이 글에서는 근로자의 직업능력개발을 헌법상 근로권에서 기인하는 중요한 법적 권리로서 인식하여, 국가가 이에 대한 적극적인 입법?정책 의무를 부담할 수 있도록 하고자 하였다. 다시 말해, 직업능력개발을 근로자의 권리로서 보장해주어야 한다는 것이다. 이는 일시적인 권리가 아니라, 제31조 교육권과의 결합을 통해 ‘평생직업능력개발권’으로서 보장되어야 한다.
Out of the fundamental rights provided in the Constitution, especially the analysis to interpretation of the right to work will play a role as an important criterion in the way that it is guaranteed and realized by a country’s active payment. In this article, we desire to regard the Article 32, the right to work, which may be considered to be an ideal ideology, as a more ‘realistic’ fundamental right by conducting a study on the definition of the right to work and the modern study on it in accordance with the change of job market. As the center of the fundamental rights moves from the right of freedom to the social right these days, the right of freedom is more commonly becoming the social right. Similarly, the right to work is a social fundamental right that supposes the nature of the right of freedom in a regard that since the 19th century, the role of the social fundamental right has been becoming more required. However, we are going to interpret that its role is emerging nowadays as a social right. Likewise, it comes into question that to what extent the nation claims against the country based on the right to work that emphasizes the aspect of the social right, in this study, we regard that the nation can exert subjective civil rights against ‘core responsibility’ to ‘the minimum responsibility’ of the right to work. In addition, the necessity to interpret regular employee, irregular employee and job seekers in a close relationship, and to move the key of security from a simple ‘job’ to ‘job security’ has been posed respectively in order to respond to new problems in accordance with the change of job market. Thus, the range of interpretation of the right to work shall be extended to embrace it. In this way, the discussion on the existing right to work has a limitation that it only remains in the security of workers’ labor and the unemployed. If the right to work is regarded as a reason for job security, the right can play a role in providing a legal limit against the employment policy that was done by the country’s wide discretion, and ‘employment protection’ or ‘job security’ can be judged as an important estimating factor in legal decisions of labor relationships. A vocational ability development is presented as a specific strategy for the extension of interpretation of the right to work, the aspect of job security, along with the security. In fact, vocational ability development serves an important function in job seekers to go forward to a worker, irregular employees to be changed to regular ones, and regular employees to be secured their jobs. In reality, however, vocational ability development is regarded as one of a country’s various policies to relieve the unemployed, a lot of problems and limitations emerge such as low efficiency, waste of cost, etc. In this paper, it is reckoned that the country recognizes the vocational ability development for workers as an important legal right constitutionally based on the right to work and provides active legislation and policies. In other words, vocational ability development shall be secured as a worker’s right. It shall not be temporary, but shall be secured as a ‘lifelong vocational ability development’ by combination of the Article 31, the right to education.