Earticle

초록

영어

Nowadays, job getting is becoming more and more difficult and youth unemployment became universalized. In addition, as an transitional form of employment, unpaid interns have been widely utilized. In the cause of education or training, many employers use unpaid interns. Furthermore these phenomena also appear broadly in the public sector. In many cases, unpaid interns are not treated as employees, because the original purpose of them is education, training, work experience and so on. Above all the most important reason is that they are working unpaid. Because of these reasons, they cannot be treated as employee and even the least protections such as minimum wage, insurance of industrial accidents and so on cannot be often applied. However in the real fields of enterprises there can be seen no difference between education etc and real work. It is almost impossible to distinguish between education etc and real work. Due to the name of unpaid interns, even if no difference to employees, unpaid interns suffer unreasonable treatments. The labor form of unpaid interns is abnormal. This paper shows that unpaid interns can be a same legal status as employees through a reconsideration of the definition of an employee and suggests protection plans of unpaid interns by reviewing the reform bill of the Labor Standards Act and comparing foreign legislations.

목차

Ⅰ. 서론
 Ⅱ. 근로자 개념과 해석론의 한계
 Ⅲ. ‘임금을 목적으로’ 부분에 대한 적극적 해석론과 비판론
 Ⅳ. 관련 사례 및 입법 동향
 Ⅴ. 비교법적 검토
 Ⅵ. 결론
 참고문헌
 

키워드

무급인턴 근로자 근로기준법 교육ㆍ훈련 임금 임금착취 해석론 비교법 unpaid intern transitional form of employment education or training employee Labor Standards Act

저자

• 노호창 [ Roh, Ho-chang | 서울대 공익인권법센터 선임연구원, 법학박사. ]

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