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초록

영어

2019.9.18. The National Insurance Designer Labor Union submitted the labor union establishment report to the Seoul Employment and Labor Office. To date, however, the Ministry of Employment and Labor has not issued a labor union establishment report. In the meantime, our society has been constantly discussing labor legal issues with special type workers such as insurance planners. Many legislation has been proposed, but visible measures have not been prepared until now. This is the most fundamental issue of whether it corresponds to workers in the Labor Act, the Labor Standards Act, and the Trade Union and labor relations adjustment Act. Judgment of whether a worker is a worker is formed by court precedent. However, many special type workers or the same special type workers are judged differently about the worker's nature. Insurance planners, which account for the largest portion of the total, are not recognized as workers in the Labor Standards Act and the Trade Union and labor relations adjustment Act. Among them, there is an opinion that workers in the Labor Union and Trade Union and labor relations adjustment Act should be recognized based on the economic dependency based on Article 33 of the Constitution on the freedom of the ILO No. 87. However, recognizing as a worker means applying all the relevant laws and regulations. How far can the scope and scope of collective bargaining be recognized when applying the Trade Union and labor relations adjustment Act to these people who have different non-typical characteristics from typical labor contracts, There are many confusions and problems such as how far the scope of working conditions can be carried out through disputes. In conclusion, the protection of insurance planners is necessary to approach legislative policy tasks rather than following the precedent law, and it is desirable to review them step by step.

목차

Ⅰ. 문제의 제기
Ⅱ. 보험설계사의 현황과 계약의 법적 성격
Ⅲ. 노동3권의 의의 및 주체
Ⅳ. 노동법상의 근로자 개념
Ⅴ. 보험설계사의 노동법상의 쟁점과 과제
Ⅵ. 결론
참고문헌

키워드

보험설계사 특수형태근로종사자 근로자 노동3권 근기법 노조법 Insurance planners special type workers workers labor´s three primary rights labor standard Act Trade Union and labor relations adjustment Act

저자

• 임동환 [ Dong-Hwan Lim | 아주대학교 대학원 석 박사 통합과정(노동법 전공) ] 주저자
• 이승길 [ Seung-Gil Lee | 아주대학교 법학전문대학원 교수(노동법) ] 교신저자

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