전 국민 고용보험과 육아휴직급여수급권의 쟁점과 과제: 노무제공자를 중심으로

This article examines the exclusion of dependent contractors (a non-standard form of employment) from parental leave benefits within South Korea’s Universal Employment Insurance(EI) system. Despite the 2021 amendment to the Employment Insurance Act mandating their enrollment in EI, a structural gap in benefit entitlement persists, as these workers remain ineligible for the parental leave benefits afforded to standard employees. Applying Crenshaw’s theory of intersectionality, this study illuminates how this institutional exclusion operates as a mechanism of compound marginalization at the nexus of precarious employment status and gendered caregiving responsibilities. Revisiting the traditional legal framework, the article argues for decoupling social security entitlements from the labor law status of ‘parental leave.’ It posits that parental leave benefits should be reconceptualized as an independent social security right, contingent not on an employer-approved leave but on the ‘income interruption due to childcare.’ Finally, the paper proposes a legislative transition toward income-based EI. This shift is presented as a necessary step to transform the Universal EI roadmap into a truly inclusive social safety net that guarantees work-family reconciliation for all workers, regardless of employment type.