교육부문 비정규직 노동자에 관한 연구 : 초·중등학교 기간제교사를 중심으로
(A) Study on Contingent workers in an educational field : focused on contracted teachers of an elementary and secondary school
교육부문 비정규직 노동자 초중등학교 기간제교사;
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The softening policy of labor market has accelerated together with globalization and a neoliberalism policy, and as planned layoffs and mass unemployment occur due to 1997 IMF relief loan, irregular employment has enlarged. The extension of contracted employment also applied to an educational field. As the interests between and among the government, the educational office of a city/province, and a private school accord on account of the consistent teachers management softening policy during the period from Kim Young-sam Government to Kim Dae-jung Government and the execution of the 7th educational course in 2000, the number of regular teachers began to reduce and instead that of irregular teachers such as contracted teachers and hourly teachers began to increase. By doing this, irregular employment due to reduced labor expenses and labor control effects has established as a pattern for appointing a teacher, and in case of a private school, the ratio of irregular teachers reaches about 20% according to existing practices and with reason for appointing a teacher not clear. So to speak, the number of regular teachers substituted by irregular teachers seriously is increasing day by day. The actual condition of irregular teachers working at an elementary and secondary school is as follows. First, they are preparing for a teacher appointment test to work as a regular teacher. Different from irregular workers of other industrial field, they regard an irregular experience as a kind of bridge not trap. Second, in case of a private school, there actually exists a difference according to agenda and a private foundation makes ill use of the unstable social position and there exists the discrimination against a woman in such process. Third, the career of contracted teachers is partially recognized, but, in case of hourly teachers, their career in other type of occupation are partially recognized but their career as hourly teacher is not recognized. It is also important to improve discrimination from the viewpoint of wages or various welfare benefits as long as they work, but the career which they have accumulated should be recognized even when they become a regular teachers, which will be one method to prevent the preference to irregular teachers of a private foundation. Fourth, in case of hourly teachers, they give a lecture for the fixed school hours, so they are paid wages by hourly payment system. There is no difference between regular teachers and contracted teachers in wages, and working hours. However, from the moment when making a contract with a manager of a school, irregular teachers are forced to sign an unfair contract. Most of the contract do not guarantee even the basic right(retirement grants, prior notice at the time of retirement, making a contract, etc.) mentioned in the Labor Standard Act. Fifth, since hourly teachers are treated as daily workers who are not eligible for a civil servant, so they can't receive the benefits related to welfare. Four basic insurance does not apply to them and they are handled as local subscribers in application of National pension and Health insurance. Contracted teachers receive most of social welfare but a contract whose term is less than a year is made, so they are different from regular teachers in that retirement allowance and annual allowance do not apply to them. Like this, irregular workers of an education field are in a position to educate students according to their conviction on account of unsteady employment and treatment under labor conditions. So, there are many problems in the increase of contracted or hourly teachers from the viewpoint of teacher's speciality and student's education. To inquire into the policy of the government and a teachers group, etc. with regard to increase of irregular teachers, the government's policy brought about the considerable shortage in the number of elementary school teachers until 2005, phenomenon of the rich growing richer and the poor growing poorer in a city, and extra supply of secondary school teachers so that lots of persons who have a qualification for a teacher wait for an opportunity to become a teacher. Under the 2001 government policy toward contracted teachers, the vacation period was excluded from the employment period and wages were not paid during that period, resulting in lack of solidarity and reduction of morale. Also, they were excluded from ordinary school affairs such as being in charge of a class and living instruction. As a result the business of regular teachers increased, causing discontent and discord of regular teachers. In a new contracted teachers system improvement guide in July 2003, there was relative improved contents compared with the 2001 policy. The major contents include matters related to improvement of not paying wages, annual leave, unreasonable upper limit salary step and not paying retirement allowance(at the time of one year contract, except March 1), etc. Like this, the government treatment to contracted teachers is being improved day by day, but if the number of extra teachers does not decrease and a neoliberalism teacher policy continues, irregular teachers will increase more and more. Unless the government can devise a basic countermeasure to prevent contracted teachers from increasing, the problems of irregular workers can not be solved, and thus the demand of contracted teachers will continue. Second, Korea Federation of Teacher's Associations's policy toward contracted teachers does not focus on the problems of contracted teachers and matters related to contracted teachers are partially referred in the process of discussing the policy on shortening teacher's retirement age and teacher's legal regular personnel. That is, the policy means that it is necessary to control the appointment of contracted teachers only for security of retirement age and legal regular personnel of regular teachers. Third, in case of Koran Teachers & Educational Worker's Union and National Teachers & Educational Worker's Union, there is no distinct movements for independently organizing a labor union by contracted or hourly teachers. But, the two teachers' unions try to accept irregular teachers as their respective members under the judgment that increasing contracted teachers and hourly lecturers may lower the treatment itself of the total teachers. But, there seem to be distinct results. With regard to contracted teachers working under the same conditions, the two teachers' unions also try to admit them into their respective unions and to do that, Koran Teachers & Educational Worker's Union investigated an actual condition of contracted teachers in 2002. There is no legal problem in organizing irregular workers of an educational field into a labor union above mentioned. Nevertheless, the low organization rate is caused by uneasiness according to joining a labor union, recognition of temporary employment, lack of the necessity for a labor union and the insufficient efforts of an existing labor union. It is actually unreasonable to organize irregular teachers under the condition in which irregular teachers work temporarily and the two teachers's unions do not have any distinct plan on irregular teachers. But the problems of irregular workers is not only those of their own, but are related to the situation of regular workers. And if the problems of irregular teachers are left as they are until they can solve such problems for themselves, such problems will not be easily settled. Especially, in case of a private foundation, it gradually increases the employment of irregular workers to making a profit by reducing personal expenses with thoughts without knowing the fact that it is in charge of the public education of our country. Therefore, the two teachers' union must continue to try to reveal the discrimination elements against irregular teachers, and the actual condition of an unfair treatment to and an unfair utilization of irregular teachers in a private school. Furthermore, an institutional method should be prepared to solve the actual problems that a private school tends to employ an irregular teacher instead of a regular one. Since the government's teachers demand and supply policy is dependent only upon an appointment test, evil practices related to extra teachers and contracted teachers. It is needed to strongly control irregular teachers by recognizing irregular career and limiting contracted reason in case of irregular teachers likewise in other industrial field. Also, the discrimination against irregular teachers must be removed by specifying the principle of "the same wages on the same labor", and in case when an irregular teacher is in charge of permanent business like contracted teachers, an institutional device to be able to convert the irregular worker to a regular worker must be made.