고용유지지원금제도에 대한 비판적 검토 ― 경영해고와의 관계를 포함하여 ―

This paper carefully reviews on employment maintenance subsidy system of Employment Insurance Act. Employment maintenance subsidy system is regarded as one of active labor market policies, and also have much to do with ‘right to work’ because of the relation to collective dismissal or business sacking. In a big picture frame, we can divide ‘right to work’ into two groups; ‘right to work itself’ and ‘right to work in decent environment’. The latter refers to that workers should not be deprived of their job unless they have liabilities. However, today, business sacking frequently occurs since the worker's ‘right to work’ is often sacrificed by the employer's property right or for companies' survival from competition. In this harsh reality, employment maintenance subsidy system can be a breakthrough to prevent business sacking. It is because this system can make an employer in business crisis not to fire workers by giving subsidy and helping overcome the crisis. Employment maintenance subsidy system has normative meaning which embodies not only right to work itself, but also right to work in decent environment. The right meaning that workers should not be deprived of their job without liabilities is the very right to work in decent environment. This paper points out the limitations of employment maintenance subsidy system through analytical and political reviews and searches for possible ways to improve it.