정부지원 직접일자리사업 참여자의 사회법적 지위에 관한 연구

초록

The government job program is a type of financially supported job creation project stipulated in Article 13-2 of the ｢Basic Act on Employment Policy｣. It is a social security system in which the government directly proposes jobs to people, recruits participants, and pays public benefits in return for the work of selected participants. In other words, the government job program is not a method in which the government provides free public assistance to the employment-vulnerable class, but rather a subsidy method that provides temporary and transitional jobs so that they can find employment in the private sector jobs. By the way, although the government job program has the nature of a social security policy in that the government provides financial support to participants, it shares the nature of a labor policy in that wages are provided on the premise of labor provision under an employment contract practically. Accordingly, there has been controversy regarding the legal status of the government job program participants based on their worker status. The government divides the types of government job program participation into ‘labor market transition type’ and ‘social service and welfare type’, and recognizes the worker nature of participants in the labor market transition type, but fundamentally denies the worker nature of participants in the social service and welfare type by presuming that the nature of their participation is ‘service’ rather than ‘work'. However, the worker status of a public job participant can be judged based on the true intention of the participant, and the main purpose of social service and welfare type is to support the livelihood of the elderly and others with significantly low voluntary employment possibilities and work ability, so the possibility of participation with the intention of volunteering is realistically low. Since the government job program participation means receiving wages in return for work, in principle, the worker status of the participants must be guaranteed. But it may be possible to apply the exception provisions of the 2-year over on employment under the ｢Fixed-term Employment Act｣, apply the exception provisions on exception of minimum wages under the ｢Minimum Wage Act｣, and realistically restrict the three labor rights due to the special nature of employment relationships. In addition, it would agree with the purpose of the government job program system as a job that pays for labor to incorporate participation in a social service nature as a separate welfare project based on the ｢Basic Act on Volunteer Activities｣.

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