母性保護에 관한 硏究
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It is an international new trend to expand the protection of the maternity as one of the social responsibility. The concept and policy on the protection of the maternity is rooted on the means which protect women laborers from poor working conditions, and they are expanded to the limitation of labor to protect their child birth and to guarantee their income. However, these days, the scope of the protection for the maternity reduced to protect both workers of men and women. The right to raise children is protected as one of the parents' right. In Korea, the first political consideration to protect the maternity was specifically mentioned in the law of the Labor Standard Act enacted in 1953. But it was very hard to practice this law in the labor environment. The constitution specifies the protection of the maternity by saying in the article 36 that the state should make efforts to protect the maternity, and the people have the right for the protection of the maternity. The existing arguments on the protection of the maternity on the protection of the women's delivery function. But the principle of the equality of sexes was not kept in the labor market, the employers were reluctant to hire women laborers. When the principle of the equality of sexes is strictly kept, the rate of women's delivery become very law. This will threaten the existence of the nation. So, the fundamental concern is to keep a balance between these two conflict matter. The purpose of this study is to review the current legal system concerning the protection of the maternity, to raise the social sympathy, and to contribute to the establishment of the policy on the protection of the maternity by suggesting a new direction. In this regard, This study is organized as follows In Chapter 2, as the theoretical background of The concepts and policy on the protection of the maternity and this study is compartive to the protection of the maternity of the Western and Korea legal system. In Chapter 3. I am going to analyze contents of the protection of the maternity in current Korea legal system, Worker standard law, Equal for men and women, employment law, Guarantee for employment law. In Chapter 4. I will study the actual condition and the point at issue. I will also point out problem of the maternity and suggest a reform measure. The conclusion of this study was presented in Chapter 5.