국공립학교 기간제교원에 대한 공무원연금법 적용 여부 ― 4ㆍ16 세월호참사를 계기로 ―

Non-regular workers are frequently discriminated against in public education. Prior to the Sewol ferry disaster in April 17, 2014, this problem was not highlighted. Unlike regular teachers who deceased in the disaster, the Public Officials Pension System (the “POPS”) was not applied to two fixed-term teachers who deceased in the same disaster. The government had insisted on this issue that fixed-term teachers literally worked less than 40 hours a week and were not officials. However, this argument realistically emphasizes only the path of appointment for officials and ignores the legal nature of the POPS. Since the POPS has both characteristics of social insurance and working condition, it is necessary to judge whether the POPS is applied to the fixed-term teachers in consideration of these characteristics. First, from the principle of social solidarity which is the basis of social insurance, ‘the performance of public service’ is derived, which is the standard to define the scope of social insurance community. Second, the principle of “no discrimination” is derived from the nature of working conditions. By combining these principles, we can find out whether to carry out similar duties as the interpretation standard for applying the POPS. In practice of public schools, there are many fixed-term teachers such as the two teachers who deceased in the disaster, who are working similar to regular teachers. Due to similarity of duties between regular and fixed-term teachers, the government should not discriminate against the fixed-term teachers. Hence, the fixed-term teachers should also be applied with the POPS.