비정규직의 현황 및 대책 -고용의 안정성 및 유연성의 문제-

In this thesis, I reviewed the current situation of our irregular workers after the legislations of the laws regarding the irregular workers, and tried to find ways to solve the problems we are facing now, under the consideration that the main problem underlies the basic need to properly harmonize the security and flexibility of employment. Even though there is a discrepancy of the notion and scope of the irregular workers among the views held by various scholars and labor authorities, this thesis was written based on the notion and scope of the irregular workers publicly approved by 'The Tripartite Commission' composed of the labor, management, and the government. While trying to find better ways to improve the current situation of our irregular workers and to harmonize the security and flexibility of employment, I also performed a brief comparative review of the relevant laws and policies of other countries such and the EU countries, the U.S.A. and Japan. One of the major legal issues related to the irregular workers is the possibility and limit of the employment enforcement. The issue is directly related with the proposition of harmonizing properly the security and flexibility of employment, which is one of the most urgent and basic problems of the current labor law. In other words, the solution of the irregular workers' problem hinges on how and to which degree we can properly harmonize the security and flexibility of employment. To this end, it should be widely recognized that any related legislation alone cannot be a panacea. Instead, a work-friendly welfare state which has a complex socioeconomic infra-structures fully equipped with social security and public job training system is a fundamental precondition. Another important legal issue is the fair and equal treatment of irregular workers, which should be more strictly handled by the legislative and judicial authorities. In this regard, I tried to find more preferable legislative direction for the equal treatment of irregular workers compared with the relevant regular workers. According to the current relevant laws, we just forbid unfair treatment of irregular workers in comparison only with the regular workers of the same workplace. However, our unions are mostly established at the unit of each workplace and we don't have any socially-generally agreed notion of proper wage of each specific jobs performed by the workers. Accordingly, given the current situation of our unions and wage system, I think that we should finally pursue the basic principle of the 'equal pay for work of equal value' to realize the goal of realistic equal treatment of irregular workers. In this line, at the conclusion of the thesis I suggested the introduction of 'the job wage system' to achieve the goal of realistic equal treatment of irregular workers. as well as some other legislative suggestions.