비정규직보호법 시행에 따른 대학 비정규직 교원 관련 쟁점 연구

Abstract

This study reviewed the following relevant issues of the “Act on the Protection of Fixed-term and Part-time Employees (hereinafter “Fixed-term Employment Act”)”: the scope of faculty members that the “Fixed-term Employment Act” is applied to, the recognition of working time and continuous work, the existence of comparable full-time workers, and the status of part-time lecturers when shifted into workers with no fixed-term labor contract. The followings are the results of this study. First, non-tenure track faculty members are excluded from the application of the Fixed-term Employment Act. Second, in order for the teaching preparation time of part-time lecturers to be recognized, it is necessary for the government authority to show a strong will to provide systematic and political support. Third, it is proper that any expedient use of part-time lecturers or the temporary suspension of employment during the vacation is considered as a continuous employment. Fourth, part-time lectures have the right to request the correction of any discriminative conditions in comparison with their full-time counterparts, only to see little actual benefit. Finally, even though part-time lecturers are shifted to workers with no fixed-term labor contract, there will be limitations on improving the working conditions. Therefore, fundamental measures for the part-time employees are needed to improve their legal status and working conditions through a realistic supplementation of education relevant laws.