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KMID : 1124020130290020197
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Korean Social Security Studies
2013 Volume.29 No. 2 p.197 ~ p.235
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A Study on Participants in the Elderly Job Supporting Program
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Shim Jae-Jin
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Abstract
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This article, in accordance with the judgment of the Supreme Court about the definition of an employee, examines whether the participants in the Elderly Job Supporting Program(EJSP) is employees, based on the actual situation of their employment relationship. As a result, the first type of the elderly(dispatched-worker type) is not an employee of their agency because the agency simply does job placement and it does not pay those dispatched. This article concludes that with the execption of the dispatched-worker type, all the four types of particpants (Gonik-typ, Bokji-typ, Kyoyuk-type, Sijang-type) in the EJSP are employees of the operating agencies of the EJSP. the second, except for staffing jobs, business and concludes that workers in institutions of all types of jobs performed by the project participants. It has proved that the three types of particpants(Gonik-typ, Bokji-typ, Kyoyuk-type) are definitely employees without any doubt left since their actual employment relationships satisfies all the criteria which the Scupreme Court uses in deciding whether persons concerned are employees. The process of judging whether the Sijang-type participants are employees is rather complicated because they appears self-employed according to constitutions of the operating agencies. The constitutions provides that all the participants are equal in deciding every matter of the agencies. It seems that the payment of the participants depends on the turnover of the agencies. However on a closer look of their actual employment relationship, they are all controlled by the agencies while they are working. Unlike their constitution, they are paid a fixed amount monthly. Even where the agencies have no avenue, the participants are paid through governmental budget funded to the agencies. Since the Supreme Court decides the employment status of persons concerned, relying on their actual employment relationship, the last type of participants are employees.
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KEYWORD
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Employee, Worker, Elderly Job Supporting Program, Employment Status
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