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KMID : 1001720060160010105
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Journal of Vocational Rehabilitation
2006 Volume.16 No. 1 p.105 ~ p.123
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A severely handicapped person’s identification as a legal worker in sheltered workshop and its policy implications
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Kang Dong-Ug
Suk Mal-Suk
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Abstract
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Several type workers who are not traditional worker have increased according to the varieties of employment and controversies related to legal protection for them have been apt to increased until now. protection of labor law and guarantee of right are only admitted to the legal workers. Hence people who could not be acknowledged as a legal worker also can not be protected by law. In one’s viewpoint, the severely handicapped persons in sheltered workshop are economically subordinate and personally dependent to manager(or employer). But it is difficult to acknowledge them as a legal worker in actually. So government and social workers have been confronted with a confusion about the concept of legal employee who were working in sheltered workshop. Therefore, welfare & rights to work of the severely handicapped persons in sheltered workshop were somewhat overlooked by reason of these confusions. Having such problems in mind, this paper transcendentally examined whether they are a legal worker or not by considering several present laws(the Labor Standard Act, the Labor Union Act, the Social Security Act, etc) and judicial precedents of the Supreme Court. Diagnosis factors and criteria for discriminating a legal worker are showed through empirical analyses. And lastly this study framed several policy improvement schemes for the next years.
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KEYWORD
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employment type, the labor standard act, the labor union act, a legal worker, sheltered workshop, severely handicapped person
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