민간위탁계약과 사회복지사의 근로형태에 관한 연구

Abstract

After the foreign exchange crisis in 1997, contracting-out as a restructuring measure on the public sector is that the national government has positively recommended privately comprehensive social welfare centers as a policy supporting budgets while each local government establishes social welfare centers or changes the previous facility in order to match it with the criterion of the national government. In other words, contracting-out as a policy tool aimed to reduce budgets and labor forces and improve professionality. However, this contracting-out has produced the problems such as the limits of selection process either reconsignment or limited competition, poor outcomes, limits of managing ability of the government, inhibition phenomena of publicness, increases of consumer's burden, etc, in spite of the purpose of providing comprehensive social welfare services in the local community. Moreover, the private contract of consignment has an indirect employment type. That is to say, the consigners are national or local governments and the consignees are corporations or social welfare organizations and facilities so that there is the bipartite legal relationship between the parties, but the tripartite legal relationship is committed in case of including the social workers assigned with consignees. In this regard, the social workers' legal status in employment and labor laws has not been protected in reality due to the indirect employment type as a contracting-out system. To solve the problem, it is necessary to examine and explain whether or not both social workers and consigners such as the national or local government have a subordinary relationship in employment. In addition, social workers have the poor circumstances such as low wages and long working time and need to move collectively in terms of labor unions to improve them. As a result, social workers shall allow the national social welfare union founded on January 12th, 2014 to improve their working conditions and circumstances and join positively and empower it. Lastly, 「The Act for the Treatment and Improvement of Status of the Social Worker, etc」needs to be revised. Firstly, it is stipulated clearly that a social worker is the employee, a social welfare center and facility being the employers. Secondly, if social workers's employment types are determined and subordinary relationships are accepted, the responsibility of the consigners such as the national and local government shall need that 「The Act on the Protection, etc. of Temporary Agency Workers」shall be inserted into this Act. Thirdly, non-regular social workers have been increased and 「The Act on the Protection, etc. of Fixed-Term and Par-Time Workers」and 「The Act on the Protection, etc. of Temporary Agency Workers」shall be inserted into this Act in order to protect them. Fourthly, the social workers' labor's three primary rights shall be regulated in this Act in order to protect them under Article 1(Purpose) of the Trade Union and Labor Relations Adjustment Act. This is a necessary provision to stimulate labor unions' activities such as the foundation and movement of labor unions. Fifthly, with respect to social workers' human rights violations, the penalty provisions shall be inserted into this Act to punish them strongly. This will prepare for the applicable provisions in order to protect the human rights of social workers.