미취업 청년의 노동권 보장에 관한 연구

Tired of youth employment and poverty caused by this, and poor employment after employment. Among the problems of young people who have become popular problems since about 10 years ago, youth unemployment is holding up. Youth unemployment will also mass-produce non-regular job-centered youth employment policies, and this result again produced serious income disparities within young people. From this background, this paper tried to study on guarantee of labor rights of non-employed youth in Korea. First of all, John Rawls' justice theory can be mentioned as a special basis related to guarantee of labor rights of non-employed youth. Applying an agreement in a primitive situation to youth unemployment, members' agreement can be derived that generations passing through the low growth era need special guarantee in adolescence. At the same time, the principle of fair equal opportunities will be demanding fairness from the acquisition stage of work ability beyond simple opportunities equality in occupation selection. This is also the conclusion supported by Michael Walzer's pluralism of justice. The guarantee of the family system of Article 36 (1) of the Constitution and the right to pursue the happiness of the parents' generation also serve as a specific basis for guarantee of labor rights of non-employed youth. In this thesis, we used the Theory of Transitional Labour Market with the definition of the scope of the unemployed youth and said “These belong to the risk of transition from school to employment”. The term “youth” is not a concept of trying to distinguish something from the original. Therefore, it is impossible from the beginning to define the range by age. The content of labor rights important for non-employed youth is the guarantee of labor opportunities. In this thesis, we have newly derived the concept of “the Fair Labor Rights” as one of the contents concerning the guarantee of labor opportunities. Then we added the value of constitutional labor “labor where human dignity is guaranteed” to the Active Labor Rights and named it “the Substantively Active Labor Rights”. These interpretations on the guarantee of labor opportunities were made through review of the system and the character of constitutional labor rights. The Fair Labor Rights is defined as “rights that provide fair opportunities at the stage of acquiring labor competence, rights not limited by the choice of employment other than personal efforts”. In order to secure fair opportunities, it is necessary to secure time to acquire labor abilities in addition to educational opportunities. And what the nation can do in securing time is to support educational and living expenses to people in the acquisition stage of work capacity. This includes: i) securing the right to receive scholarships and to finance the student at low interest rate, ii) changing “Youth Job Seeking Activity Support Fund” scheduled to be effective from 2019 to unemployment assistance, iii) introducing “Youth Employment Prepaid Salary” through expanding the scope of employment insurance coverage. However, securing ‘the Fair Labor Rights’ can only ensure fairness among non-employed young people and can not prevent the occurrence of losers in the labor market. In order to solve this problem, the Substantively Active Labor Rights must be guaranteed. the Substantively Active Labor Rights is a right that can demand that the nation sets conditions for performing Decent Work. However, when establishing a policy to create jobs, it is necessary to consider that the labor market in which young people enter is the entire labor market. Therefore, the direction of that policy should not be an offer of work only for the youth generation, and it is necessary to set it as an offer of work for all generations through job creation. In this thesis, as a concrete measure, I proposed a plan to implement work sharing and payment of wage subsidies at the same time.