출산휴가에 관한 국제기준의 의의

Pregnancy and maternity are an especially vulnerable time for working women and their families. Expectant and nursing mothers require special protection to prevent harm to their or their infant’s health, and they need adequate time to give birth, to recover, and to nurse their children. At the same time, they also require protection to ensure that they will not lose their job simply because of pregnancy or maternity leave. Such protection not only ensures a woman’s equal access to employment, it also ensures the continuation of often vital income which is necessary for the well-being of her entire family. International Labour Standards and EU Directive on Maternity Leave regulate these as a enforceable minimum standards. This article provides a picture of where we stand and what we have learned so far about maternity and paternity rights on International Labour Standards. It offers a rich international comparative analysis of law and practice relating to maternity protection at work in territories, comprising leave, cash benefits, employment protection and non-discrimination, health protection, breast-feeding arrangements at work and child-care. This article shows that it have established legislation to protect and support maternity and paternity at work in Korea but those provisions do not always meet the ILO standards. One of the persistent challenges is the effective implementation of legislation, to ensure that all workers are able to benefit from these essential labour rights.