기간제 근로계약의 무기근로계약으로의 전환 (The conversion of fixed-term labor contract to permanent labor contract)

서지정보

· 발행기관 : 서울대학교노동법연구회
· 수록지 정보 : 노동법연구 / 30호 / 197 ~ 251페이지
· 저자명 : 신권철

초록

The number of fixed-term employees in South Korea rose from 1.86 million in 2001 to 3.50 million in 2009. Korean labor law does not restrict the use of fixed-term contracts by prescribing reasons but restrict only maximum employment period. Employers do not need to justify the use of a fixed-term contract with reference to a legally prescribed reason.
Until The Act On The Protection Of Fixed-Term And Part-Time Employees(No. 8074, Dec. 21, 2006.)(hereafter the Act) is enacted in 2006, Some limitations have been introduced by the courts. Where a fixed-term contract is renewed and repeated, the fixed-term is declared null and void by the courts. In such cases, the fixed-term contract converts into a permanent contract and the employer is required to the reasonable cause of refusal to renewal.
The Act came into operation on 1 July 2007. The purpose of the Act is to promote a sound development of the labor market by redressing undue discrimination against fixed-term and part-time employees and strengthening the protection of their working conditions. The maximum employment duration of a fixed-term contract is 2 years with the exception provision of the Article 4 (1). Renewals of the fixed-term contract are possible within the maximum period. According to the Article 4 (2), if working duration of the fixed-term contract is continued beyond 2 years, the fixed-term contract automatically converts into a permanent contract.
This study is dealing with the issues on automatic conversion clause of the Article 4. In chapter 1, this study shows the present state of fixed-term employment in South Korea and surveys the decisions of the courts on the fixed-term employment in chapter 2. In chapter 3 and 4, this study analyzes several controversial issues in the automatic conversion clause of the Act. In conclusion, the proposal of this study is that the involuntary separation from labor which is formed by employer should be required the reasonable cause as dismissal.

영어초록

The number of fixed-term employees in South Korea rose from 1.86 million in 2001 to 3.50 million in 2009. Korean labor law does not restrict the use of fixed-term contracts by prescribing reasons but restrict only maximum employment period. Employers do not need to justify the use of a fixed-term contract with reference to a legally prescribed reason.
Until The Act On The Protection Of Fixed-Term And Part-Time Employees(No. 8074, Dec. 21, 2006.)(hereafter the Act) is enacted in 2006, Some limitations have been introduced by the courts. Where a fixed-term contract is renewed and repeated, the fixed-term is declared null and void by the courts. In such cases, the fixed-term contract converts into a permanent contract and the employer is required to the reasonable cause of refusal to renewal.
The Act came into operation on 1 July 2007. The purpose of the Act is to promote a sound development of the labor market by redressing undue discrimination against fixed-term and part-time employees and strengthening the protection of their working conditions. The maximum employment duration of a fixed-term contract is 2 years with the exception provision of the Article 4 (1). Renewals of the fixed-term contract are possible within the maximum period. According to the Article 4 (2), if working duration of the fixed-term contract is continued beyond 2 years, the fixed-term contract automatically converts into a permanent contract.
This study is dealing with the issues on automatic conversion clause of the Article 4. In chapter 1, this study shows the present state of fixed-term employment in South Korea and surveys the decisions of the courts on the fixed-term employment in chapter 2. In chapter 3 and 4, this study analyzes several controversial issues in the automatic conversion clause of the Act. In conclusion, the proposal of this study is that the involuntary separation from labor which is formed by employer should be required the reasonable cause as dismissal.

참고자료

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