‘무기(無期)계약직’ 의 문제점과 대안 ― 중앙행정기관 무기계약직 실태를 중심으로 ―

Abstract

The Act on the Protection of Fixed-term and Part-time Workers(APFPW) stipulates that a fixed-term contract is converted into an open-ended contract, by way of a sanction, in cases where an employer uses a fixed-term worker over two-years limit. While APFPW prescribes that fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers, it has no provision regarding non-discrimination principle on indefinite contracts that are converted from fixed-term ones. As a result of these loopholes of regulations, indefinite-term workers who were previously fixed-term contract workers are usually treated in discriminative ways rather than permanent workers. Korean Government has set up Measures against Precarious Work in Public Sector since 2006. Under the Measures, some fixed-term contract workers have become indefinite-term contract workers while many lost their jobs by reason of two-years limit. This article analyses the actual working conditions of indefinite-term workers who were previously fixed-term ones in Government sector. This research shows that the APFPW and the Measures against Precarious Work in Public Sector have neither effectively regulated the abuse of fixed-term contracts nor dealt properly with the emerging type of discrimination based on employment status.