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Reexamination of the Protection of Part-Time Workers on the Fixed-Term and Part-Time Workers Act
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기간제법상 단시간 근로자 보호에 대한 재검토

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Type
Academic journal
Author
Jeong, Yong-jin (충청북도교육청)
Journal
The Korea Society Of Comparative Labor Law The Journal of labor law Vol.39 KCI Accredited Journals
Published
2017.4
Pages
61 - 107 (47page)

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Reexamination of the Protection of Part-Time Workers on the Fixed-Term and Part-Time Workers Act
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Research history (2)

2017

Reexamination of the Protection of Part-Time Workers on the Fixed-Term and Part-Time Workers Act
Jeong ,  Yong-jin The Journal of labor law 2017.04 Academic journal

2016

The Protection of Fixed-term and Part-time Workers
정용진 법학과 2016.01 Thesis
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Abstract· Keywords

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Even though the Fixed-Term and Part-Time Workers Act has been enforced for almost ten years, it is doubtful about the achievement of its original purpose of legislation. Currently, the issue of non-regular workers is socially more emphasized. On top of fixed-term workers, especially in case of part-time workers belonging to the representative non-regular workers, most of them are working for part-time job to make money as they cannot get full-time job. Actually, the number and rate of them are increasing every year. Also, recently, there are more and more people who want part-time job for diverse reasons like study, childcare, employment preparation, retirement preparation, and personal leisure life.
However, the social interest and necessity to protect them have been relatively neglected compared to fixed-term workers. The current laws or institutions do not include satisfactory measures to improve part-time workers’ employment instability and poor conditions of employment. The concept of part-time worker has not been even clearly established yet.
Also, the current system does not fully guarantee the opportunity of part-time workers desiring for full-time job, and also full-time workers who like to change to part-time job due to personal reasons.
Moreover, it would be necessary to reexamine many issues such as the irrational and limited application of all sorts of employment conditions like wage compared to part-time workers’ working hours under the current laws, and also the fact that all sorts of legislative regulations about part-time workers including their overtime and conditions of employment which could be the most important part of conditions of employment related to part-time job are divided into several laws.
Thus, this study aims to examine part-time workers’ poor conditions of employment by getting out of the existing viewpoint focusing on the protection of fixed-term workers, and also to reexamine the problems and improvement measures of the protection system for part-time workers under the current Fixed-Term and Part-Time Workers Act.
#비정규직 #비정규직 근로자 #기간제법 #단시간근로자 #통상근로자 #단시간 근로자 보호 #non-regular job #non-regular worker #Fixed-Term and Part-Time Workers Act #part-time worker #full-time worker #protection of part-time workers

Contents

Ⅰ. 문제의 제기
Ⅱ. 단시간 근로자 현황 및 실태
Ⅲ. 기간제법의 시행과 주요내용
Ⅳ. 기간제법상 단시간 근로자 보호제도의 문제점과 개선방안
Ⅴ. 결론
참고문헌
〈Abstract〉

References (43)

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[단행본] - 김형배 / 2015 / 노동법 / 박영사 google schola [단행본] - 노병호 / 2017 / 노동법 Ⅰ / 진원사 google schola [단행본] - 노병호 / 2010 / 노동의 이해 / 진원사 google schola [단행본] - 배규식 / 2011 / 외국의 시간제 노동사례에 비추어 본 한국의 시간제 노동 / 한국노동연구원 google schola [단행본] - 임종률 / 2016 / 노동법 / 박영사 google schola

Related precedents (1)

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  • 대법원 1991. 3. 22. 선고 90다6545 판결

    가. 휴일 근로와 시간외 근로가 중복되는 경우에는 휴일 근로에 대한 가산임금과 시간외 근로에 대한 가산임금을 각각 가산하여 산정하여야 한다.

    View more

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