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학술논문노동법논총2018.04 발행KCI 피인용 5

학생아르바이트의 현황과 법적 과제 — 대학생을 중심으로 —

The current situation of student’s arbeit and legal problem

이병운(순천대학교)

42권, 431~474쪽

초록

Does the student's part-time job(student’s arbeit) stand in the same position as regular employees and non-regular employees to which the Labor Standards Law and others are applied? The reason why students work part-time is mainly for the purpose of getting pocket money, and handling as workers despite being only a side job is problematic. In its relationship with the user(or company), its dependency is also thin and solidarity is not strong. The Labor Law and the Social Security Act are trying to protect workers who work as living. Therefore, the application of labor law and social security law to student part-time jobs should be “exceptional application” rather than “principle application”. And it would be better to make a salary for student part-time jobs in a comprehensive hourly wage system that includes various allowances. The main job of the student is to study, and should establish a system of labor law and social security law which suits it.

Abstract

Does the student's part-time job(student’s arbeit) stand in the same position as regular employees and non-regular employees to which the Labor Standards Law and others are applied? The reason why students work part-time is mainly for the purpose of getting pocket money, and handling as workers despite being only a side job is problematic. In its relationship with the user(or company), its dependency is also thin and solidarity is not strong. The Labor Law and the Social Security Act are trying to protect workers who work as living. Therefore, the application of labor law and social security law to student part-time jobs should be “exceptional application” rather than “principle application”. And it would be better to make a salary for student part-time jobs in a comprehensive hourly wage system that includes various allowances. The main job of the student is to study, and should establish a system of labor law and social security law which suits it.

발행기관:
한국비교노동법학회
분류:
노동법

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학생아르바이트의 현황과 법적 과제 — 대학생을 중심으로 — | 노동법논총 2018 | AskLaw | 애스크로 AI