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On January 26, 2012, the so-called “the Part-Time Instructors Act” was promulgated in order to secure the employment stability and status of part-time instructors who are facing with poor positions. However, the enforcement of this Act was delayed twice and it is scheduled to take into force on January 1, 2016. That is largely because the enforcement of the Act is likely to cause results that are contrary to the original intent of the legislation so the part-time instructors that are possible beneficiaries of the Act are desperately opposing the Act. At this point, it is necessary to discuss the application of social insurance among the issues related to the improvement of treatment of part-time instructors. In this regard, this study presents ways to extend the application of four major insurance (the National Pension, the National Health Insurance, the employment insurance and the industrial accident compensation insurance) to part-time instructors. First, with respect to the National Pension, the employment insurance and the industrial accident compensation insurance, it is important to conclude a contract for the minimum six months with part-time instructors in order to help them maintain their qualification for employment provided policyholder for receiving the benefits of each social insurance during vacation period when they have no class. Insurance premiums of the National Pension and the employment insurance during the vacation period can be deducted on the month when the last wage is paid (for example, June or December). Second, the National Health Insurance is the most needed for part-time instructors among the four major social insurance. Compared with other social insurance, the health insurance is burdensome, so the change to employment provided policyholder for part-time instructors should be first considered. Third, when calculating the employment insurance premiums of part-time instructors, it is necessary to include preparation time of two hours for one-hour class, rather than to only count the days they actually have classes, taking into consideration the time for preparing classes, assessing students and dealing with school administrative affairs. In cases of having classes at more than two schools, it is necessary to guarantee benefits of the employment insurance and to secure unemployment allowance by deducting employment insurance premiums from each school like the National Pension. In addition, the Government and colleges should endeavor to improve legislative systems to provide stability to part-time instructors when they have classes and perform research. This will bring about positive functions, such as improvement of higher education and strengthening of competitiveness of colleges. In this regard, it is essential to remember that the extended application of social insurance to part-time instructors will guarantee their stable life.

Employment considering article in worker dispatching law has a legislative purpose to prevent business of dispatching from extending and popularizing by compelling employers to observe duty of direct employment. Meanwhile, it is regarded dispatched worker as employed worker when dispatching period is over 2 years, employers should make their option to terminate the dispatching contract or employ the dispatched worker and maintain labor relationship. This situation can also causes employment instability to dispatched worker. Although it is a disputable issue, it should be maintained direction to accomplish duty of direct employment because the direct employment is the aim of labor law. Even though the reason why employment considering article was revised to direct employment article in 2006 is not clear, we can not conclude that the reason is to correct unconstitutionality of employment considering article. As a sanction article against illegal dispatch is enforced, in my opinion, the purpose of the revision is that labor and management should make ‘the content’ of labor relationship clear in accordance with labor contract rather than ‘the effect’ of employment considering. Also, in revision of worker dispatching law in 2012. 2. it imposed a duty of direct employment on employers without reference to employment period when it comes to illegal dispatching case. With this, it can be concluded that a legislative settlement about a duty of direct employment to employers is fulfilled.

韓國の産業災害補償保險法は、勞働者の通勤事故が業務上災害に当たる かに關する、①事業主から提供された交通手段と、それに準する交通手段 を利用する等の事業主の支配管理下の通勤中に發生した事故で、負傷ㆍ疾 病また障害が發生したり死亡される場合は明示的に規定しているが(第37 條第1項本文第1号ダ目)、②その他の業務と關聯して發生される事故の場 合は包括的に規定している(第37條第1項本文第1号バ目)。 そして、業務上災害の具體的な認定基準は、大統領令として定るとして (제37條第3項)、産業災害補償保險法施行令は勞働者の通勤中に發生した 事故が、①事業主から通勤用として提供された交通手段と、事業主から提 供されたものに見える交通手段を利用した通勤中に事故が發生されたこと と、②通勤用として移用した交通手段の管理または利用權が、勞働者側の 專屬的な權限にあたらないことの、二つの要件に該當すると業務上事故で あると規定している(令第29條)。 これに関する、韓國の大法院判例を分析すると、“業務上災害”に当たる 為の業務遂行性というのは、使用者の支配または管理下で發生する當該勞 働者の業務遂行及びそれに隨伴する通常的な活動過程において、災害の原 因が發生したものと定義し、通勤中の勞働者は一般的に使用者の支配ㆍ管 理下でいることを言えないから、原則的に通勤中に發生した災害は業務上 災害に当たらないとの立場を取っている。 例外的に、通勤災害が業務上災害に該當する為には、その支配ㆍ管理の 要件を充足しなければならないと解釋する。具體的に見ると、“出ㆍ退勤 中の勞働者は、一般的に使用者の支配または管理下でおると言えないから、單純な通勤中 に發生した災害が業務上災害に認定されるためには、① 使用者が勞働者に提供した車輛等の交通手段を利用したり、②使用者がそ れに準する交通手段を利用するようにして、③勞働者の通勤過程が使用者 の支配管理下にあった場合に該當しなければならない。”の大原則が確立 されている。 その後、韓國の大法院は支配管理狀態の槪念を制限的に擴大している が、最初、“不可避な場合”に限して認定していたが、最近では、そのもの を“業務と密接ㆍ不可分な關係”と表現している。 このような韓國の大法院の解釋に對たして、2007年全員合意體判決で 少數の大法官の反對意見が提起された。そして、通勤時發生された事故に は使用者の支配管理狀態與否を検討せずに、直に業務上災害を認定した下 級審判決もあった。

Temporary Work Agency Employee Protection Act has established on the 20th of February, 1998. The controversy of its aftereffects has never been unstoppable. The types of in house subcontracting had legislated before the Temporary Work Agency Employee Protection Act established, yet, Employment Security Act were in the shadow double edged sword of the law in those days. Therefore, it was inevitable for subcontracted employee to protected by its act. According to its circumstance, it has been proposed to protect the right of the employee of subcontractors in order to build the cornerstone of legitimate subcontracting, which is for the efficiency of increasing supply and demand of manpower in labor market. The genuine aim of its legislation on the Temporary Work Agency Employee Protection Act is to protect the employee who are under vicious cycle of subcontracts and guarantee the expansion of the labor market. In case of the possibilities that the status of recruitment for labours cannot be avoidable of being unstabilized, there was a settlement of section regarding direct employment legislated on the 21st of December, 2006. This act was altered as legitimate duty, followed by revision on the 1st of February, 2012. However, it cannot conclude this is rational regulation when it considers the practical demand of labor market in order to abide the principle of direct employment by only regulating the amount of task given to each worker, which is clearly supported by illegal subcontracting in current situation. The limitation of both the amount the task given and the period of contracts can have more possibilities to improve lawful stabilization and clarity. In other words, revising of current act represents the solidification of functional labor market with enforcement of agreeable subcontracting environment. Unfortunately, subcontracting issues in our country has outweighted on the security of employment according to illegal subcontracting. This does not mean that its security can be ignored, yet, current circumstances cannot be satisfied with equality of income and completed employment since globalization has brought the alteration of employment and the information era. There must be revision of Temporary Work Agency Employee Protection Act in order to resolve what section direct employment faces with.

Contract laborers in special types of employment (hereinafter referred to as "contract laborers") have voluntarily applied for Industrial Accident Compensation Insurance in accordance with the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "IACI Act") since July 2008. However, due to the low rate of application for IAC insurance, a legislation bill has been presented that mandates that all contract laborers acquire this insurance. Despite this mandatory legislation attempt, it is additionally necessary to maintain the current special provisions, expand the eligible types of businesses, and restrict exceptions to application in order to increase the registration rate for industrial accident compensation insurance by contract laborers. This thesis includes the following: In section two (II), I deal with their legal status, the IAC insurance itself, Employment Insurance, and the reason for re-reviewing Industrial Accident Compensation Insurance as it applies to contract laborers. In section three (III), I deal with the revised legislation bill of the IACI Act as it applies to contract laborers, the results of some relevant research by the Tripartite Commission, and legislation trends concerning the IACI Act. In section four (IV), I summarize the aforementioned contents in my conclusion. Currently, the proposed legislation is being considered by the Legislation and Judiciary Committee of the National Assembly. After this, it would be preferable that it be legislated through the Tripartite Commission rather than the National Assembly. The remaining concerns will be to review the installation of a proper management system. For this, it will be necessary to consider many methods for implementing a systematic management of contract laborers engaged in special types of employment.

Social enterprise can be understood as the third sector economy, the business which makes social purpose and profit-making activity properly. According to Article 2 in Social Promotion Act, the definition of the social enterprise is the business which provides jobs and social welfare to the vulnerable, elevating life quality of local people, at the same time, also inquiring the social object and accomplishing the business activity. The words "society" and "enterprise" contain two characters of realization of social value, and creating revenue through business function. Therefore, social enterprise epochally manages new jobs and devises creation of public service. However, in order to develop social enterprise, government, people, and enterprises need to cooperate. Some of the vulnerable in our society gets eliminated from the government's livelihood subsidy, and some people can't even request for subsidy, because the government keeps changing the words in the policy. Even worse, there has been numerous case about terrible sexual assault, and sex offense to handicapped people today. The human rights of those who are powerless, poor, and vulnerable is being violated. In result, our country is in avoision. The government's welfare policy business to solve these problems didn't go very well, because the policies didn't support one another, making the whole system inactive. In addition, government and municipal governments failed to build bonding system, which lead to another failure of unified organization establishment. In order to compensate this kind of problems, our government went through countless trials and errors, trying to discover better ideas to apply welfare service properly. The policy of government's basic livelihood subsidy was not enough to help the unfortunate, so the government announced the Social Enterprise Promotion Act in 2007. Before the social enterprise came out, the applicable area which social welfare organizations provided was limited to such as employment, labor, hospital, education, caring service, etc. However, an unemployment rate of our country has been increasing a lot. It is getting more difficult for the unemployed people to get a job, and the number of people who are unable to find a job regardless of their demand has also been increasing. Therefore, in order to help out the unemployed who are weak in competition of getting employed find a job, the government needs to make social enterprise a big assistance for people. As the government began to apply social enterprise, they want to find a further method which can take care of application of social welfare to people and making the unemployed or handicapped employed. This kind of effort and trials of government are having an influence on Korean economy. If the government is able to provide safety-guaranteed jobs to the unemployed and supply social welfare of good quality, it will be an epic economical success. So far, the there has been a big financial progress through social enter prise. However, even though the social enterprise in on the track of expansion, there still are some problems with it. First, social enterprise is dependent to the government's financial support. In other words, if the government stops supporting even if they didn't want to, social enterprise dies. Second, the directors of social enterprise lacks professionality. If they compete with non-government enterprise, they will lose for sure. Lastly, the government's budget becomes wasteful because of unreasoning support. This will result in lack of durability of social enterprise, making it disposable and unsafe business. Also, the weak part of social enterprise has to be worked on and the safety of getting employed needs to be guaranteed. Therefore, we shouldn't focus on reckless expansion of social enterprise, rather make social enterprise that's already built stronger. We also need distinguished support policy and more efficient management skills. We need to study about whether or not social enterprise has possibility of maintaining the position, because it is definitely a business which functions as an economic organization. Also, we need to come up with solutions for the problems our social enterprise currently has, and lead it to the right direction. The growth of social enterprise will eventually be an important way to help out the helpless with social welfare policy. Therefore, I would like to discuss about the direction of social enterprise with important matters like an enforcement ordinance and enforcement regulations. Also, I am going to suggest problems and solutions social enterprise policy currently has through analyzation of our social enterprise and foreign social enterprise.