고용형태와 신분제 형성문제에 대한 소고 -무기계약직을 중심으로-

Abstract

Recently, problems have arisen over “unlimited contract workers” in the government-initiated transition of fixed-term workers to full-time workers. it is not enough to address discrimination against full-time workers by recklessly introducing “unlimited contract workers” in the process of switching to regular ones to protect non-regular workers. to correct this discrimination, it has been argued that “unlimited contract workers” constitutes the social status of Article 6 of the Labor Standards Act. however, even admitting this does not solve the cause of discrimination and only correct it in terms of results. therefore, it will be difficult to address discrimination if “unlimited contract workers” fail to prove their social status under Article 6 of the Labor Standards Act, or if a new employment pattern appears due to changes in the employment environment. therefore, it is necessary to look at what employment patterns such as “unlimited contract workers” are based on. if is originates from management, it should be looked at whether management is the basis for the right to create an identity system within the workplace. if management cannot be a basis for rights, the Act considered that discrimination resulting from employment patterns could be restricted from creating employment types that justify discirimination before competing in terms of results.