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학술논문법과정책연구2010.08 발행KCI 피인용 4

비정규직 근로자 보호에 관한 연구 - 비정규직 보호법의 차별금지제도를 중심으로-

A Study on the Protection for Nonstandard Workers - focus on the discrimination prohibition-correction system in the Nonstandard Worker Protection Law -

정규(공주대학교)

10권 2호, 683~705쪽

초록

This study attemps toreview the problems of the current nonstandard workers law comprehensively. The Termed and Part-time Worker Protection Act and the Employment Agency Worker Protection Act are so called the nonstandard worker protection law. The concern and the controversies over the law that arose during the enhancementprocess have become reality. Especially, this study has examined the possibility of improving working conditions by way of the discrimination correction system of the nonstandard worker protection law. The nonstandard workers have been unreasonably treated when comparing with the regular workers in the wage level and the welfare provided by their companies. The improvement in the treatment of nonstandard workers is essential for solving problems caused by the classification and discrimination between two groups, namely, nonstandard workers and regular workers. That is because the discrimination and classification of treatment between two groups is not only contrary to the social justice but also will hinder the sound growth of the labor market. Therefore, as for the issue of anti-discrimination, with the assumption that an overall improvement is urgently required, this study discusses the solutions for the issues that might become controversies such as the enlargement of the applicants for relief, the re-examnation of the application for relief period, and the standard for reasonable causes. Most of all, the procedure handling the anti-discrimination claims have to be changed for the effectiveness.

Abstract

This study attemps toreview the problems of the current nonstandard workers law comprehensively. The Termed and Part-time Worker Protection Act and the Employment Agency Worker Protection Act are so called the nonstandard worker protection law. The concern and the controversies over the law that arose during the enhancementprocess have become reality. Especially, this study has examined the possibility of improving working conditions by way of the discrimination correction system of the nonstandard worker protection law. The nonstandard workers have been unreasonably treated when comparing with the regular workers in the wage level and the welfare provided by their companies. The improvement in the treatment of nonstandard workers is essential for solving problems caused by the classification and discrimination between two groups, namely, nonstandard workers and regular workers. That is because the discrimination and classification of treatment between two groups is not only contrary to the social justice but also will hinder the sound growth of the labor market. Therefore, as for the issue of anti-discrimination, with the assumption that an overall improvement is urgently required, this study discusses the solutions for the issues that might become controversies such as the enlargement of the applicants for relief, the re-examnation of the application for relief period, and the standard for reasonable causes. Most of all, the procedure handling the anti-discrimination claims have to be changed for the effectiveness.

발행기관:
한국법정책학회
DOI:
http://dx.doi.org/10.17926/kaolp.2010.10.2.683
분류:
법학

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비정규직 근로자 보호에 관한 연구 - 비정규직 보호법의 차별금지제도를 중심으로- | 법과정책연구 2010 | AskLaw | 애스크로 AI