비전형 근로자의 소정근로와 근로조건 (3) ― 대학 시간강사의 소정근로시간과 통상일급 ―

The working hours of part-time lecturers at universities are ‘lecture hours + α hours’. This is because not only lecture hours but also ‘lecture preparation and administrative work hours’(‘α hours’) should be included in working hours. However, the part-time lecturer's labor contract only specifies lecture hours and hourly lecture fees, but does not specify ‘α hours’. Since part-time lecturers' lecture fees include all the consideration for compulsory work of ‘lecture hours + α hours’, an implied agreement on a prescribed working hours (‘lecture hours + α hours’) should be considered to have been established between the university and the part-time lecturers. The question is how many hours α is, which the court must find out. When there is a dispute over working hours between laborer and employer, it has always been the role of the court to find out. The court can judge the time usually required for the part-time lecturer to prepare lectures and perform administrative tasks from the perspective of the “average person”. For legal stability, the court needs to judge that the prescribed working hours of part-time lecturers are “several times the lecture hours”.