기간제 교원의 노동법상 지위에 관한 연구

• 영문명: A Study on Status of Fixed-Term Teachers on the Labor Law
• 발행기관: 충북대학교 법학연구소
• 저자명: 오세웅(Oh Se Woong)
• 간행물 정보: 『법학연구』第25卷 第2號, 97~119쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

'Fixed-term teachers' are those who are employed during a specific time when replacements are needed due to a leave of absence of regular teachers or other related reasons. Hiring fixed-term teachers are subject to 'Public Educational Officials Act' and 'Private School Act.' In principle, fixed-term teachers are officially recognized as 'teachers', just like regular teachers. Thus, the working conditions of fixed-term teachers are determined by teacher-related laws. In the areas that are not covered by the laws, fixed-term teachers are subject to labor-related laws, just like other workers. Since fixed-term teachers are officially recognized as 'fixed-term workers', they are subject to the following law: 'Fixed-Term Worker and Part-Time Worker Protection Act.' The court confirmed that fixed-term teachers are 'fixed-term workers' subject to the anti-discrimination stipulation of the Act. It was confirmed in the case when performance bonuses for fixed-term teachers were denied. The status was also confirmed in another case when the school vacation was excluded from the contract period of fixed-term teachers. However, Fixed-Term Worker and Short-Term Worker Protection Act stipulates that if a fix-termed worker is employed for more than two years, he or she will be switched to an unlimited contract worker. It doesn't apply to fixed-term teachers as an exceptional clause. Just like other workers, fixed-term teachers are covered by the national pension plan, unemployment insurance, and workers compensation insurance. However, there is a big difference between fixed-term teachers and regular teachers. Unlike the latter, fixed-term teachers are not subject to 'Public Officials Pension Act' and 'Private School Teachers Pension Act.' In case of work-related disaster of a regular teacher, it is treated as an 'officially recognized disaster' according to Public Officials Pension Act. As for fixed-term teachers, however, it is subject to Industrial Accident Compensation Insurance Act, just like other workers. It doesn't seem reasonable in terms of protection for fixed-term teachers, as they perform the same roles as those of regular teachers. As for the status of fixed-term teachers under 'Collective Labor Relations Act', some argue that fixed-term teachers should be excluded from 'Teachers Union Act.' It is because their status is different from that of regular teachers. However, fixed-term teachers have the same roles as regular teachers in school. Thus, it is reasonable to include fixed-term teachers as labor union members specified in Teachers Union Act. Hiring more fixed-term teachers is inevitable amid changes in the educational scene and increased education demand. Therefore, reasonable legal protection for fixed-term teachers must be ensured as their employment stability is denied as fixed-term workers.

목차

Ⅰ. 들어가며

Ⅱ. 기간제 교원의 신분

Ⅲ. 기간제 교원의 개별적 근로관계법상 지위

Ⅳ. 기간제 교원의 집단적 노사관계법상 지위

Ⅴ. 마치며

참고문헌

키워드

기간제 교원 기간제 교원의 지위 기간제 교원의 근무조건 기간제 교원의 법적보호 교원노조법 Fixed-term teachers Status of Fixed-Term Teachers Working conditions of fixed-term teachers Legal protection for fixed-term teachers Fixed-Term Teachers on the Labor Law