사회복지 영역 일자리사업 참여자의 근로자성 비교 연구

Compared with four job supporting programs, this article analyzed whether the participants are employees, based on the judgment of the Supreme Courts and whether the differences exist on the aspect of employee. We examined whether the participants in Public Work, Self-sufficiency Program, Job Supporting Program for Persons with Disabilities, Elderly Job Supporting Program are in accordance with dependency on the employer which consists in the criteria, the job monitoring, the wage, the self-employed, and the others. The results based on the analysis framework in accordance with the judgment of the Supreme Court about employment relationship show that the participants of job supporting program in social welfare are definitely employees since they are satisfied by all the criteria. Government generally accepts the employment status of participants in Public Work, but doesn't recognize as employee in Self-sufficiency Program. And government reserves its the judgement concerning Job Supporting Program for Persons with Disabilities, Elderly Job Supporting Program. However the judiciary concludes that the participants of Sheltered Workshop in social work are definitely employees. The government as model employer should take action to protect the status of the participants and develop decent jobs for them.