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KMID : 1124020170330030139
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Korean Social Security Studies
2017 Volume.33 No. 3 p.139 ~ p.167
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A Study on the Definition of `Employee` on Social Insurance
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Lee Yoon-Jin
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Abstract
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Currently, the Employment Insurance Act observes the concept of employees on the Labor Standard Act when it comes to the concept of employees. This is because the employment insurance system originates from the labor contract, a contract between a user and employees, and includes all kinds of elements applied after labor relationship is established. The setting of relations between the acts not considering the purpose of each system, however, may cause inconsistency with the wage recipients` recognition on the system in reality. Based on data gained from the employment insurance examination committee, a special administrative tribunal on the Employment Insurance Act, this study is going to consider inconsistency between the system and reality through the cases failing to receive wages for negating the nature of employees which have been found since the employment insurance was induced with qualitative contents analysis. According to the results, when it comes to recipients` recognition, the current employment insurance system is limited in realizing the original purpose due to the regulations found in the judicial system. Therefore, we should keep in mind that differently from the Labor Act, the Employment Insurance Act is equipped with its unique purpose to accomplish `social security`. This study is significant in that it has dealt with consistency between the judicial system and reality based on the procedure of special administrative adjudication on employment insurance which has hardly been studied so far in the viewpoint of recipients to figure out the problems of the system
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KEYWORD
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definition of employee, employment insurance, labor law, social security law
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