미성년자 또는 재학중인 자의 일･학습 병행에 관한 법적 연구 - 이른바 ‘현장실습제도'를 중심으로 -

Abstract

The industry field training system on the 「Vocational Education and Training Act」 refers to the contents of education conducted in industry among vocational education and training courses. In nature, social law requires protection for their minority because field trainees are often considered minors enrolled in vocational high schools. By the way, the industry field training system was originally designed in the field of education. So, the nature of field training was defined as ‘work experience’ rather than ‘work’. For that, Social issues such as labor exploitation and industrial accidents have also been raised. However, as field training is buried under the premise of education, not labor, the labor law exploitation of field trainees that occurs in field training companies has not been fundamentally resolved, causing constant similar social problems. On the other hand, 「Vocational Education and Training Act」 applies some of the 「Labor Standards Act」 for the industry field training and it is to protected on the industry field training through special provisions of the 「Industrial Accident Compensation Insurance Act」, it is due to the necessity to guarantee the workers of the students despite the institutional nature of the industry field training in the area of labor law. In view of the fact that training at a field training industry includes the institutional purpose of linking to employment in the relevant industry beyond simple vocational education, the protection of minors or persons in school is recognized through the legal and institutional determination of the scope of the rights as a socially weak person.