기간제 근로자의 갱신기대권에 관한 연구

초록

After the implementation of the Act on the Protection, etc. of Fixed-Term and Part-time Workers (also referred to as part-time employment protection act), confusion on its legislative intent and regulation systems have been raised due to several cases which accepted the renewal expectation rights of employees who have been contracted under the act’s employment period (2 years), and the renewal expectation rights of employees who have been excluded in accordance with the act’s employment period capacity. Furthermore, taking into account the current trends of the court related to the renewal expectation rights of fixed-term employees, issues on the lack of judgment standards and the uneven enforcement of law principles are heightening the confusion of labor and management representatives. The part-time employment protection act introduced the 2 year rule to clarify the ongoing arguments related to contract periods. To especially state, for those employees who have been contracted after the legislation, it is more appropriate to deny the renewal expectation rights of a new contract because their initial contract states that their term would end within 2 years. Therefore, the best practice would be to understand that the act’s implantation have replaced the existing renewal expectation rights, which have taken into the consideration of all factors, and enforced Article 4 of the act, which indicates the 2 year rule and full-time employment upon renewal. Of course, there may be cases where the function of the renewal expectation rights which protects the interests of fixed-term workers, would loss its effect, but as such side effects are only found in special circumstances, it can be supplemented through the use of indefinite contracts. Furthermore, as the court’s judgment neglects the regulations of the act, the outcomes such as the suppression of fixed-term employment, the loss of new jobs caused by such suppression, and its overall negative effect on labor market, must also not be overlooked. Therefore, it would be logical to understand that the renewal expectation rights to be of no connection with the part-time employment protection act. If the part-time employment protection act is to be found insufficient, adequate reforms must be conducted to ease the confusion of the labor and management representatives.

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