고용보험법제의 현황과 과제

Abstract

Nowadays, the promotion of freely chosen employment is the means of achieving in practice the realization of the right to work. It meas that a worker should be able to choose freely his own occupation according to his ability and be offered opportunity to move to the job with better working conditions by availing himself of public employment systems. Employment insurance law aims to embody and realize the right to work by guaranteeing the right to choose freely employment. From this point of view, Not a few problems to be improved are included in Employment Insurance Act. It seems that the provisions concerning unemployment benefits restrict excessively the right to work and are too complicate and difficult to understand them. It is necessary to remove or revise them. Even though hundreds of workers in the small enterprises with less than 5 employees and non-standard workers have the right to unemployment benefits, they are actually deprived of it due to several defects in application of law or administrative system. It is necessary to promote the efficiency of administrative system in order to resolve this problem. More attention should be paid to the promotion of the efficiency in the application and the management of the Employment Insurance Act so that women, especially non-standard workers, can enjoy the right to maternity leave as it should. And special measures to protect women who fail to qualify for maternity leave should be deliberated. Noting that the advent of an aging society and the increase of labor flexibility require endless self-development and educational or vocational training, a paid leave for education needs to be introduced so that a worker might meet the changing employment situation.