육아휴직 제도의 법ㆍ정책적 문제점 검토

This paper studies the legal and policy problems of childcare leave system in S. Korea. Equal Employment Opportunity and Work Family Balance Assitance Act [EEOA] enforces the employer to grant Childcare Leave to employee. It is difficult for an employer to change the start date of Childcare Leave applied by an employee and to recruit staff to replace childcare workers. This issue is related to the constitutional freedom of occupation of employers. Childcare is distinct from other social risks(Poverty, Disease, Unemployment, etc.) in that it is the risk that an individual employee may choose. Childcare Leave benefits are distinguished from general insurance benefits in that employees are paid when they choose a risk. Therefore, it is not logical to pay childcare leave benefits from the unemployment benefits of the employment insurance. Regarding the illegal supply and demand of childcare leave benefits, Even if the child and the parent do not cohabit together, it can be interpreted as caring for the child. In other words, the concept of child care as requirement for receiving childcare leave benefits should be interpreted practically to determine whether or not it is illegal. And there is a need to integrate and revise the EEOA regulations on reinstatement so that the childcare worker can return to his previous job after childcare leave.