대학교 시간강사의 근로자성 판단에 대한 비판적 검토 - 대법원 2007. 3. 29. 선고 2005두13018 판결 -

The problem of improving the treatment of university part-time lecturers is a national task that has not been solved for a long time. University part-time lecturers are not teachers according to current higher education law. Therefore, part-time lecturers are in an unstable position and generally do not receive legal protection even though they are in the low income class. Since the judgment that the part-time lecturer corresponds to the worker in the Labor Standards Act in 2007, the university felt the burden of utilizing the part-time lecturer, and the part-time lecturer also had not the benefit of the career formation due to the reduction of lecture opportunity. This paper tried to clarify several serious errors in comparison with private instructor of cram schools, whether the Supreme Court judge that a part-time lecturer is similar type worker or not. The Supreme Court was already judged a part-time instructor at cram schools is not a worker and it realized that there was no reason. Labor law is divided into labor law as a contract law focusing on labor contracts and labor law as a social law centering on the need to protect against social risks. The purpose of the labor law is the protection of workers who are parties to the contract, and the purpose of the Social Security Act is to protect against the social risks of the weak. In the end, the problem of the university part-time lecturer should approach not the responsibility of the university by the judgment of the workers' gender based on the labor contract but the necessity of the protection of the state against the succeeding generations of healthy scholarship. If the worker’s status is recognized as the case precedent, the part-time lecturer becomes the person who provides the work to the user in the subordinate relationship. However, a subordinate relationship with part-time lecturers can rather violate the freedom of constitutional scholarship guaranteed to the lecturer. Therefore, the dependency should be denied in order to guarantee the free lecture of the part-time lecturer.