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돌봄사업과 돌봄노동에 관한 법적 과제 -노인요양서비스를 중심으로-

A Legal Study for Care Service Enterprise and Care Work

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주제분류법학

초록

It is this study that looks around the care service for the aged about care service enterprise and care work. These days, we need to cope with the demand of care service enterprise and care work, because the aged population reached more than five million. Especially, we have to improve bad work environment and working conditions of care worker, and we need to promote stable fixation of care service enterprise and care helper in the national long-term care insurance. On the one hand, considering the cases that the majority of the care helper are employed by dispatch enterprise and they give care service, we need to include care enterprise dispatch in the care works in dispatch work law and manage the care service system in dispatch work system. In the cases that give care service through the dispatch work, the using worker in dispatch work law is not a user but a service giving enterprise. On the other hand, in relation to the care accident happened in the process of giving care service, care workers have to bear not heavy attention duty and safety consideration duty more than medical worker. According to the special quality of care service aiming at the maintenance of the status quo and symptom relief of users, we have to reduce the extent of duty contents of care worker. For the last time, care workers have to receive the suitable vocational education and vocational training for the prevention of care accident and the promotion of care service.

Abstract

It is this study that looks around the care service for the aged about care service enterprise and care work. These days, we need to cope with the demand of care service enterprise and care work, because the aged population reached more than five million. Especially, we have to improve bad work environment and working conditions of care worker, and we need to promote stable fixation of care service enterprise and care helper in the national long-term care insurance. On the one hand, considering the cases that the majority of the care helper are employed by dispatch enterprise and they give care service, we need to include care enterprise dispatch in the care works in dispatch work law and manage the care service system in dispatch work system. In the cases that give care service through the dispatch work, the using worker in dispatch work law is not a user but a service giving enterprise. On the other hand, in relation to the care accident happened in the process of giving care service, care workers have to bear not heavy attention duty and safety consideration duty more than medical worker. According to the special quality of care service aiming at the maintenance of the status quo and symptom relief of users, we have to reduce the extent of duty contents of care worker. For the last time, care workers have to receive the suitable vocational education and vocational training for the prevention of care accident and the promotion of care service.

참고문헌 (14)

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  2. 이흥재, "사회보장법" (2011), 신조사
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  4. 이흥재, "고령자의 사회보장법적 지위-국민연금법과 노인복지법을 중심으로-", 한일법학, (20) (2001)
  5. 장봉석, "노인장기요양보험 시행 이후 노인복지법의 역할에 관한 소고", 법학연구, 32, pp.405~430 (2011), 부설법학연구소
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  10. 大場敏彦, "介護從事者の就勞條件規制をめぐる檢討課題, In 社會保障法 12号" (1997)
  11. 大場敏彦, "派遣勞働者ㆍ有償ポランティアと介護勞働", 季刊勞働法, (228), pp.18~26 (2010)
  12. 皆川宏之, "介護勞働者の雇用と能力開發をめぐる課題", 季刊勞働法, (228), pp.27~36 (2010)
  13. 阿部夫央, "介護事故と介護事業者の法的責任", 季刊勞働法, (228), pp.37~47 (2010)
  14. 水谷英夫, "介護サ-ビス從事者の法的地位と責任", 季刊勞働法, (193) (2000)

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