간호조무사 실습생의 법적 지위와 보호방안에 대한 검토

Abstract

This study examines whether nursing assistant(licensed practical nurse) trainees can constitute employees under the Labor Standards Act and their protection measures. Nursing assistant(licensed practical nurse) trainees who practice more than 780 hours in hospitals and clinics are obligated to provide labor, but are not recognized as workers under the Labor Standards Act, resulting in problems such as unpaid labor, insufficient industrial accident measures, and unfair termination of training contracts. Although the review of the status of workers for unpaid labor providers continues, mandatory practice for obtaining certificates, such as nursing assistants(licensed practical nurses), still exists as blind spots. In this paper, along with a review of conventional precedent standards for judging employee status, it was reviewed whether nursing assistant(licensed practical nurse) trainees who provide labor can have employee status. The main content is whether the status of employees can be recognized despite the fact that the appearance of the current training contract is not for wage purposes and that trainees are for education and training purposes. Based on this review, it was confirmed that they also need to be protected under the labor law and protection measures are suggested.