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학술논문법학연구2017.12 발행KCI 피인용 1

청원경찰제도에 대한 노동법적 재조명

The labor law review on the system of the policeman specially detailed to protect a person's body

최현호(충북대학교); 구성원(충북대학교)

28권 2호, 329~351쪽

초록

The policeman specially detailed to protect a person´s body is appointed with the purpose of protection for national agency or a local government. He performs the duties in the Law of Police Officers' Task Enforcement within a specific area, but he is not a public official. So he has been applied both the Government Officials Act and the Labour law. His pay, disciplinary action and service shall be governed by the Government Officials Act, and the rest be recognized under the Labor Standards Act. This dual status is adding to the chaos. Especially this has been weaken his labour law status. His duty is the same as a public official, but the working conditions were poor than a public official. Namely, he has no benefits commensurate to the obligation. Nevertheless, because of the public nature of duty, he is not guaranteed right of collective bargaining and can not enjoy basic rights of workers such as the employment stabilization, the rest and so on. Therefore it is important to establish the status of the policeman specially detailed to protect a person´s body and the unified application of the law to him. So this paper deals with problems derived from his dual status focusing on labor law.

Abstract

The policeman specially detailed to protect a person´s body is appointed with the purpose of protection for national agency or a local government. He performs the duties in the Law of Police Officers' Task Enforcement within a specific area, but he is not a public official. So he has been applied both the Government Officials Act and the Labour law. His pay, disciplinary action and service shall be governed by the Government Officials Act, and the rest be recognized under the Labor Standards Act. This dual status is adding to the chaos. Especially this has been weaken his labour law status. His duty is the same as a public official, but the working conditions were poor than a public official. Namely, he has no benefits commensurate to the obligation. Nevertheless, because of the public nature of duty, he is not guaranteed right of collective bargaining and can not enjoy basic rights of workers such as the employment stabilization, the rest and so on. Therefore it is important to establish the status of the policeman specially detailed to protect a person´s body and the unified application of the law to him. So this paper deals with problems derived from his dual status focusing on labor law.

발행기관:
법학연구소
분류:
법학

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