대학 강사의 근로조건의 쟁점과 개선방안-개정 고등교육법(‘강사법’)을 중심으로-

Abstract

The Instructor Act is a revised Higher Education Act that includes the improvement of treatment of university instructors after the suicide of an instructor has become social problems. Since an amendment to the Higher Education Act on University Instructors was passed in 2011, the enforcement of the law has been postponed four times. However, in late December 2019, an amendment to the Higher Education Act was passed and enforced by the National Assembly (Enforcement 2019. 8). In principle, the status of university teachers should be applied by the teacher-related law first, according to teachers' legalism, under the Constitution, So, there was no practical benefit in applying labour law to teachers. Recently, universities have faced a crisis of restructuring, because the school-age population has dropped dramatically, and the competition for survival among universities has intensified. It has been seriously discussed whether to apply labour law by the Constitutional Court's decision in 2018 to recognize the right of university instructors to unite, which is no special provisions in teacher-related laws. The lower court ruling states that labor laws apply to university instructors. Under the current instructor law, instructors have also secured the statues of teachers, but the treatment for instructors has not actually improved. There is a need for reform of the Instructor Law regarding retirement pension, health insurance, contract period, and wage increase during vacation. It has been a year and nine months since the Instructor Act took effect. At this time, the stable operation and effectiveness of the Instructor Act should be enhanced. We must consider improvement measures from a labour law perspective. From the above point of view, we looked at the current situation of university instructors(Ⅱ), the progress and contents of the Instructor Act(Ⅲ). and The current status and problems of working conditions (retirement pension, wages during vacation, annual leave, parental leave, leave before and after childbirth, and employment insurance) of university instructors were reviewed(Ⅳ), respectively. We hope this paper helps to improve working conditions for university instructors.