비정규직법의 쟁점과 입법정책적 과제

The Termed and Part-Time Worker Protection Act and the Employment Agency Worker Protection Act are so called the non-standard-worker protection law or contingent worker protection law. The acts have brought about some positive effects and side effects since the enforcement date. The positive effectives may be to improve the employment conditions of such contingent workers and to help them in having regular and full-time job. But the side effects are very serious such as increasing unlawful sub-contracting, shrinking a labor market for the regular workers and enlarging the job insecurity of the contingent workers. Of course it is true that such side effects would be caused by the global economic crisis, but we can not neglect some intrinsic problems in the acts. It requires not only the policy to overcome the economic crisis but also the amendment to such acts for establishing the regularity of labor market system. Most of all, the procedure handling the anti-discrimination claims have to be changed for the effectiveness. Furthermore, the most serious problem is the phenomenon increasing a intra-subcontracting within a enterprise to the Employment Agency Worker Protection Act. It is required to amend the Act for the reasonable legal system of subcontracting including the intra-subcontracting. And It need to explore the policy to protect employees from the poor employment conditions in case of intra-subcontracting.