초단시간근로자에 관한 법제도적 개선 방안

Abstract

Short-time worker, which is an academic word, means a worker whose contractual working hours are less than 15 hour per week(60 hours per month). This short-time worker is excluded from a few employment protections, such as paid weekly rest, annual paid leave, retirement allowance and social insurance eligibility. In such a situation, I try to reexamine the regulations about short-time worker. First of all, I deal with the historical approach of the legislations, according to ILO’s option, to demand periodic reviews for working hours thresholds to be excluded from employment and social protection(ILO c.175, s.8). And then I analyse equity between legal exemptions on short-time worker and other general ones in the related acts, from a validity’s point based on the recent decision of the Constitutional Court. In the final part, I suggest some improvements in the legal system for short-time worker such as tightening restrictions on overtime work for them, actualising the procedure of application for unemployment insurance, promoting legal effectiveness of employment and social protection for short-time worker. This article is focused on the perspective on legal protection for short-time worker. In amending the regulations, further researches including undeclared work prevention in this area must be carried out and both sides of the argument must be taken into consideration. But we must keep in mind that the threshold of employment and social protection exemptions for short-time work should be changed to the actual working time.