모성근로보호에 관한 기본법 체계 구축의 필요성 — 독일모성보호법 모형을 중심으로 —

Abstract

The most important system related to the maternity protection is the legal system. The provisions related to maternity protection are not in a single legal system but are defined in the Constitution, the Labor Standards Act, the Gender Equality and the Work-Family Relations Support Act, the Gender Equality Basic Act, and the Employment Insurance Act. It is difficult for general private company to accurately recognize them and observe the regulations. Furthermore, the legislative purpose, timing and social background of each legislation are different, and the use cases and protection scope of maternity protection terms are different. Part of the contents of the recruitment and recruitment of female workers, the contents of general women, the contents of pregnancy and childbirth women, the contents of childrearing women, and other contents in combination with the occurrence and disappearance of life cycle and working relationship of women workers , It is necessary to revise the provisions on the protection of women and maternity under the Labor Law. Conventionally, labor law protection for women and maternity workers has been known to have a very special attribute of care. Because it is female or maternal, it was based on values ​​and ideological justification to protect them by increasing the intensity of social consideration. This is the risk that under the market economy order ideology, there will be a problem that can be identified as very cumbersome regulation or ineffective labor law discipline. For example, special labor and legal protection provisions for female workers may have caused social problems that prefer not to hire women workers at all, but instead to employ and employ male workers in their place. It is a mistake to observe all the provisions regarding the protection of women and maternity workers just as social just as special protection and consideration for women and maternity. The provisions on the protection of women and maternity workers should ultimately be made to work in a way that contributes to strengthening the competitiveness of enterprises. First, it should be recognized that protection of women and maternity workers is essential for revitalizing the industrial economy and enhancing corporate competitiveness.