직업능력개발훈련법제의 쟁점과 과제

Although the importance of vocational ability development training is recently emphasized for the national employment policy and company’s employment management as well as national lifelong study, the legislative system of vocational ability development training has not been received much attention as a separate study subject of labor law until now. In this study, the right to work in Article 32 of the Constitution is liked with the right to education in Article 31 of the Constitution, with the premise stated the right to self-determination in Article 10 of the Constitution; and the right of (lifelong) vocational ability development training, as a modern meaning of right to work, is actively conceptualized and utilized as a basis and rule for improving the legislative system of vocational ability development training. The major developed countries, on the other hand, recognize the importance of vocational ability development training, and actively pursue the improvement of legislative system of vocational ability development training. The core of content is to improve the legal system to ensure that all people have opportunities for vocational skills development from the perspective of a lifelong learning and to enforce the right of the vocational ability development training for labors. In this connection, although Korea’s legislative system of vocational ability development training has been fulfilled a formal system for the lifelong vocational ability development training through the development process of last 50 years, it is considered that laborers’ right for the vocational ability development training is still not enough secured. Therefore, this study examined what extent of the vocational ability development training right is guaranteed, how current management status and result appeared and whether there are other limitation and problem for current legislative system of vocational ability development training. As a result, there are still insufficient for ensuring the individual/collective right guarantee from the side of right for the laborers’ vocational ability development training. This is unsatisfactory part in that the legislative system of vocational ability development training should expedite/support the self-directed lifelong vocational ability development training from the perspective of lifelong learning. Therefore, in this study major improvement issues (the right of working hour reduction for the vocational ability development training, the right of paid learning leave etc) are suggested for enforcing the right of vocational ability development training with modifying the legislative system for lifelong vocational ability development training. Consequently, this study is newly derived the vocational ability development training right from the right to labor of Constitution, and based on this, the legislative system of the vocational ability development training is established, and improvement issues are suggested. There is still insufficient part because a study on legislative system of vocational ability development training is attempted from the perspective of public opinion considering that there is insufficient legal discussion on the vocational ability development training so far. Through a further study related to the legislative system of vocational ability development training, I hope that the systematization of labor market laws and the realization of the right to vocational ability development training can be materialized.