노동법과 사회보장법의 관계 - 양 법체계와 관련된 문제점을 중심으로 -

This article studies the relations between labor law and social security law with aspects of history, legal policy and international. In addition, this author attempts to reorganize the two legal systems with the expansion of “employee concept” and of “its protection area.” In this regard, while distinguishing contractual contexts of labor law from those of social law, this author proposes that the social law should include labor law, protecting employees and social security law. The three ideas of this article are as follows: First of all, the objective of protecting employees should extend the protection sphere with the expansion of the employee concept under the social security law. Since the social security law is not proper, considering “freedom of contract” principle, in the employment relations of labor law. The extension of the protecting subject is desirable, while categorizing types as many as possible, because it is very hard to make an independent system and classification. Secondly, employers have attempted to reduce labor costs, as they are making non-typical employment models or switching full-time employees to part-time workers in order to avoid the application of employment law, In this respect, social security law may need to extend the protection subject. Thus academia and policy-makers should examine many types of employment relations resulted from the non-typical employments. Finally, while matters concerning contract employments and collective bargaining agreements may be solved with contexts of private law, issues of employee protection law with social security principle may be found solutions with contexts of public law.