일학습병행법상 학습근로자 보호

Abstract

Apprenticeship is a traditional education and training method that has been passed down since the Middle Ages, and is recognized as an important education and training system for solving youth unemployment in modern times. In particular, the Dual system of Germany and Switzerland has received international attention. Accordingly, Korea also introduced the Work-learning dual system from 2013, and as of December 2021, 17,936 companies have participated in work-learning dual programs; and 118,155 apprentices are either undergoing training or have completed their training cumulatively. In order to legally support the Work-learning dual system, the Act on Support for Work-learning dual system in Workplace was enacted in 2019 and has been in effect since August 2020. The Act consists of 7 chapters and 42 articles. However, the Act reflects Korean specificity in the legislative process and focuses too much on the protection of apprentice rather than efficient support for working of Work-learning dual system. Therefore, it is necessary to revise some contents so that the Act can efficiently support for working of Work-learning dual system while protecting apprentice in harmony. In this paper, it was judged that the following five provisions related to the protection of apprentice under the Act on Support for Work-learning dual system in Workplace need to be revised. First, the maximum period of Work-learning dual system should be extended from the current two years to four years. Second, it should be possible to set a probationary period of about three months. Third, a clear definition of discriminatory treatment should be prepared even in the form of application. Fourth, a conflict mediation system, such as the establishment of a ‘Work-learning dual system conflict mediation committee by region’, should be established. Fifth, it is necessary to revise the obligation for an employer to hire apprentice as permanent employee when the apprentice passed the external evaluation to permit the private autonomy area between the parties.