기간제 교원의 노동법상 지위에 관한 연구 (A Study on Status of Fixed-Term Teachers on the Labor Law)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 25권 / 2호 / 97 ~ 119페이지
· 저자명 : 오세웅

초록

‘Fixed-term teachers’ are those who are employed during a specifictime when replacements are needed due to a leave of absence of regularteachers or other related reasons. Hiring fixed-term teachers are subjectto ‘Public Educational Officials Act’ and ‘Private School Act.’ In principle,fixed-term teachers are officially recognized as ‘teachers’, just likeregular teachers. Thus, the working conditions of fixed-term teachers aredetermined by teacher-related laws. In the areas that are not covered bythe laws, fixed-term teachers are subject to labor-related laws, just likeother workers.
Since fixed-term teachers are officially recognized as ‘fixed-termworkers’, they are subject to the following law: ‘Fixed-Term Worker andPart-Time Worker Protection Act.’ The court confirmed that fixed-termteachers are ‘fixed-term workers’ subject to the anti-discriminationstipulation of the Act. It was confirmed in the case when performancebonuses for fixed-term teachers were denied. The status was alsoconfirmed in another case when the school vacation was excluded fromthe contract period of fixed-term teachers. However, Fixed-TermWorker and Short-Term Worker Protection Act stipulates that if afix-termed worker is employed for more than two years, he or she will be switched to an unlimited contract worker. It doesn't apply tofixed-term teachers as an exceptional clause.
Just like other workers, fixed-term teachers are covered by thenational pension plan, unemployment insurance, and workerscompensation insurance. However, there is a big difference betweenfixed-term teachers and regular teachers. Unlike the latter, fixed-termteachers are not subject to ‘Public Officials Pension Act’ and ‘PrivateSchool Teachers Pension Act.’ In case of work-related disaster of aregular 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 protectionfor fixed-term teachers, as they perform the same roles as those ofregular teachers.
As for the status of fixed-term teachers under ‘Collective LaborRelations Act’, some argue that fixed-term teachers should be excludedfrom ‘Teachers Union Act.’ It is because their status is different from thatof regular teachers. However, fixed-term teachers have the same rolesas regular teachers in school. Thus, it is reasonable to include fixed-termteachers as labor union members specified in Teachers Union Act.
Hiring more fixed-term teachers is inevitable amid changes in theeducational scene and increased education demand. Therefore,reasonable legal protection for fixed-term teachers must be ensured astheir employment stability is denied as fixed-term workers.

영어초록

‘Fixed-term teachers’ are those who are employed during a specifictime when replacements are needed due to a leave of absence of regularteachers or other related reasons. Hiring fixed-term teachers are subjectto ‘Public Educational Officials Act’ and ‘Private School Act.’ In principle,fixed-term teachers are officially recognized as ‘teachers’, just likeregular teachers. Thus, the working conditions of fixed-term teachers aredetermined by teacher-related laws. In the areas that are not covered bythe laws, fixed-term teachers are subject to labor-related laws, just likeother workers.
Since fixed-term teachers are officially recognized as ‘fixed-termworkers’, they are subject to the following law: ‘Fixed-Term Worker andPart-Time Worker Protection Act.’ The court confirmed that fixed-termteachers are ‘fixed-term workers’ subject to the anti-discriminationstipulation of the Act. It was confirmed in the case when performancebonuses for fixed-term teachers were denied. The status was alsoconfirmed in another case when the school vacation was excluded fromthe contract period of fixed-term teachers. However, Fixed-TermWorker and Short-Term Worker Protection Act stipulates that if afix-termed worker is employed for more than two years, he or she will be switched to an unlimited contract worker. It doesn't apply tofixed-term teachers as an exceptional clause.
Just like other workers, fixed-term teachers are covered by thenational pension plan, unemployment insurance, and workerscompensation insurance. However, there is a big difference betweenfixed-term teachers and regular teachers. Unlike the latter, fixed-termteachers are not subject to ‘Public Officials Pension Act’ and ‘PrivateSchool Teachers Pension Act.’ In case of work-related disaster of aregular 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 protectionfor fixed-term teachers, as they perform the same roles as those ofregular teachers.
As for the status of fixed-term teachers under ‘Collective LaborRelations Act’, some argue that fixed-term teachers should be excludedfrom ‘Teachers Union Act.’ It is because their status is different from thatof regular teachers. However, fixed-term teachers have the same rolesas regular teachers in school. Thus, it is reasonable to include fixed-termteachers as labor union members specified in Teachers Union Act.
Hiring more fixed-term teachers is inevitable amid changes in theeducational scene and increased education demand. Therefore,reasonable legal protection for fixed-term teachers must be ensured astheir employment stability is denied as fixed-term workers.

참고자료

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