연소근로자와 여성근로자의 보호에 관한 법적 규율
The Legal Protection of Young Persons and Female Workers in Korea
조정하(서강대학교)
10권 1호, 219~253쪽
초록
This paper aims to conduct a comprehensive study of the protection of young persons and female workers as prescribed in The Constitution of the Republic of Korea. In Korea, the Constitution provides motherhood protection along with special protection of women's labor, and laws such as the Labor Standard Law and the Equal Employment between Men and Women Law stipulate its details. The Constitution regulates and protects employment of young persons because of their mental and physical immaturity and insufficiency in terms of judgement. Based on these rules, various policies are being established. However, current laws related to the protection of young persons and female workers are not sufficient in terms of the level of guarantee and enforcement. The Korean government needs to extend the policies for young persons and the female workers represented in contracts. Furthermore, the government must share a bigger portions of the expenses required to cover motherhood protection policies. In addition, in order to protect non-standard female workers who are working in poor working environments, efforts should be made to improve their working environment through guaranteeing basic rights of labor by specifying the principle of equity between non-standard and standard workers. The policy makers must prepare a system to improve the working condition of non-standard workers to meet the standard working environment. Furthermore, efforts to be made for non-standard female workers for self-protection, social support including family-friendly measures and eradicate gender discriminations in employment. The government should acknowledge the status of labor market especially for workers of special employment, enhance the effectiveness of laws and system through strengthening labor supervisors, and survey the situation of non-standard labor from gender-sensitive viewpoints.
Abstract
This paper aims to conduct a comprehensive study of the protection of young persons and female workers as prescribed in The Constitution of the Republic of Korea. In Korea, the Constitution provides motherhood protection along with special protection of women's labor, and laws such as the Labor Standard Law and the Equal Employment between Men and Women Law stipulate its details. The Constitution regulates and protects employment of young persons because of their mental and physical immaturity and insufficiency in terms of judgement. Based on these rules, various policies are being established. However, current laws related to the protection of young persons and female workers are not sufficient in terms of the level of guarantee and enforcement. The Korean government needs to extend the policies for young persons and the female workers represented in contracts. Furthermore, the government must share a bigger portions of the expenses required to cover motherhood protection policies. In addition, in order to protect non-standard female workers who are working in poor working environments, efforts should be made to improve their working environment through guaranteeing basic rights of labor by specifying the principle of equity between non-standard and standard workers. The policy makers must prepare a system to improve the working condition of non-standard workers to meet the standard working environment. Furthermore, efforts to be made for non-standard female workers for self-protection, social support including family-friendly measures and eradicate gender discriminations in employment. The government should acknowledge the status of labor market especially for workers of special employment, enhance the effectiveness of laws and system through strengthening labor supervisors, and survey the situation of non-standard labor from gender-sensitive viewpoints.
- 발행기관:
- 법학연구소