비정규직법 시행 1년의 평가 －차별시정제도의 현황과 개선과제를 중심으로－

Abstract

The non-regular workers (protection) law was enacted or amended in December 21, 2006 and has been put in force since July 1, 2007. The law includes three Acts, namely ‘Act on the protection, etc. of fixed-term and part-time employees’(enacted. ‘the fixed-term employee Act’), ‘Act on the protection, etc. of dispatched workers(amended. ‘the dispatched workers Act’) and ‘the labor relations commission Act’(amended. ‘LRCA’). The most important Act among them is, of course, the fixed-term employee Act because the most of non-regular workers is fixed-term employees and the Act has the remedial procedures for discrimination against non-regular workers as main feature of the law. Korean government announced that the law aimed at reducing unjust discrimination against non-regular workers and preventing the excessive use of them. The reality of the law, however, places a main focus on the former so that while employers have more freedom in the use of non-regular, on the one hand, they have more restrictions at setting up working conditions(wage, benefit and so on), on the other hand. This paper is composed of three parts. In first part, it takes a review the effect of implementation of the law’s first year. In second part, I advocate reform of the law in order to achieve the law’s original purpose, that is to protect non-regular workers. The reform should be begun by changing the remedy procedures though the Labor Relations Commission. In the last part, this paper is to disagree the recent opinion of government that the law makes labor market situation worse and is to criticize its new attempt to amend the law more business-friendly.