기간제근로 사용제한방식에 대한 재검토

It has been already ten years since the Fixed-Term Workers Act was initially executed. So far, through multiple times of amendment of law, the government aimed to improve the working conditions and employment instability of fixed-term workers. However, their poor conditions have been expanded to a social problem, which is led to the criticism on the current law and system. Especially, fixed-term workers dominate the biggest percentage out of non-regular workers. In spite of the execution of the Fixed-Term Workers Act, the number is even increasing while the working conditions have not been specially improved. As the fixed-term work basically tends to unsettle the employment of fixed-term workers, it would be necessary to have methods to restrict it. The methods to restrict the use of fixed-term work include the ‘method to restrict term’ and the ‘method to restrict cause'. From the time when the Fixed-Term Workers Act was enacted in Korea, the method to restrict term was introduced as a method to restrict the use of fixed-term work, which has caused many problems for last ten years. Even though the government is recently announcing relevant policies for the employment stability and treatment improvement of fixed-term workers, fundamentally, it is questionable about how much fixed-term workers could be protected without reexamining the method to restrict term. In this condition, it is doubtful about if it would be proper to maintain the method to restrict term under the Fixed-Term Workers Act for the protection of workers. It would be urgently needed to have in-depth review on it and also to seek for improvement measures. Therefore, this paper aims to comprehensively review many problems occurred by the method to restrict term in the aspect of the protection of workers. Moreover, it aims to seek for more realistic alternatives by actively reviewing the introduction of the ‘method to restrict cause’ as a fundamental measure to improve problems, and also discussing complementary measures as well.