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Legal status of local government’s art troupe members

  • DONG-A LAW REVIEW
  • 2013, (61), pp.53-88
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

노병호 1,  안성부 1

1충북대학교

Accredited

ABSTRACT

In October 2010, the National Labor Relations Commission(NLRC) decided the case of Daegu metropolitan art troupe members to be a unfair dismissal, the case was that some staffs of Daegu metropolitan art troupe had been fired. Since the decision was made, reactions were highly anticipated from people who agreed with and disagreed with NLRC's decision, saying that the decision was made to protect the‘workers right’and on the other hand, they were saying that they had insufficient understanding of the reality that public art troupe was facing to. The unfair dismissal decision of NLRC at the time was the first case that “fixed-term and part-time workers Protection Act”(the fixed-term workers Protection Act) was applied to the artists working for the local government as a member of art troupe since the fixed-term workers Protection Act was enforced in July 2007. After that time, it has been expected that the regulations of local governments would be revised in accordance with the provisions in the fixed-term workers Protection Act and the legal status of the art section members become disambiguated. However, most of the local governments were reluctant to amend the provisions of the Ordinance because they regarded the art section members as a kind of contingent public employees, therefore, they thought their regulations should be applied in preference to the fixed-term workers Protection Act. For this reason, most of art section workers of the local governments still do not receive the protection of the law and are subject to the regulations that are in violation of the law. With awareness of these problems, in this study,First, I analyzed each on several key issues of the filing case for unfair dismissal remedy of the art troupe of Daegu metropolitan city focusing on the claims between the parties and the decision points of the labor relations committee. Second, I looked through what is the legal status of the members of local governments’art sections established and operated by the ordinances of local governments, that is, Whether they are a kind of contingent public employees, the fixed-term workers, the workers without fixed-term employment contract, or the exception of the application of fixed-term workers Protection Act. Finally, Through a comparative analysis on ordinances, rules, and regulations which are related to the art sections of 10 local governments including Busan metropolitan city, I drew some points in question from the regulations and accordingly presented some suggestions for revisal legislation of the regulations.

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