@article{ART003145090},
author={HoChang Roh},
title={A Legal Study on the Issues surrounding the Returning to Work after Parental Leave},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2024},
volume={12},
number={4},
pages={221-241}
TY - JOUR
AU - HoChang Roh
TI - A Legal Study on the Issues surrounding the Returning to Work after Parental Leave
JO - Legal Theory & Practice Review
PY - 2024
VL - 12
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 221
EP - 241
SN - 2288-1840
AB - In the era of low birthrate and aging population, it has become a very important task to take care of and raise children. For this purpose, parental leave and parental leave benefits are currently in place. Of course, parental leave and parental leave benefits will not increase the birth rate itself. However, everyone agrees that they are very important as a system to make parenting a little easier these days when it is very important to take care of children.
Parental leave and parental leave benefits have different legal bases. At the same time, they also differ in their legal nature. Parental leave is a labor law right and its institutional basis is the Act on Gender Equality of Employment, while parental leave benefits are a social security right and its institutional basis is the Employment Insurance Act.
Given the importance of parental leave and parental leave benefits under the broader umbrella of care, it is an important legal task to examine the legal issues throughout the entire process of initiating and terminating these two programs, in order to identify improvements and suggest alternatives. In the case of parental leave, the use of parental leave and its legal treatment are important. And in the case of parental leave benefits, the procedural aspects of the application, the conflict and tension between the legal and substantive nature of the entitlement, and the criteria for determining ineligibility are important. The legitimacy of the funding sources are also important. In the case of termination of parental leave, the prohibition of penalizing the worker upon return to work is an important issue.
This paper analyzes and reviews the legal issues in all stages of parental leave, parental leave benefits, and return to work after the end of parental leave. It was found that parental leave and parental leave benefits have been continuously improved from an institutional point of view, and that court interpretation has played an important role in this improvements. Now the last issue on the returning to work after the parental leave remains to be discussed deeply and improved.
KW - worker;parental leave;Act on Gender Equality of Employment; returning to work after parental leave;Labor Standards Act
DO -
UR -
ER -
HoChang Roh. (2024). A Legal Study on the Issues surrounding the Returning to Work after Parental Leave. Legal Theory & Practice Review, 12(4), 221-241.
HoChang Roh. 2024, "A Legal Study on the Issues surrounding the Returning to Work after Parental Leave", Legal Theory & Practice Review, vol.12, no.4 pp.221-241.
HoChang Roh "A Legal Study on the Issues surrounding the Returning to Work after Parental Leave" Legal Theory & Practice Review 12.4 pp.221-241 (2024) : 221.
HoChang Roh. A Legal Study on the Issues surrounding the Returning to Work after Parental Leave. 2024; 12(4), 221-241.
HoChang Roh. "A Legal Study on the Issues surrounding the Returning to Work after Parental Leave" Legal Theory & Practice Review 12, no.4 (2024) : 221-241.
HoChang Roh. A Legal Study on the Issues surrounding the Returning to Work after Parental Leave. Legal Theory & Practice Review, 12(4), 221-241.
HoChang Roh. A Legal Study on the Issues surrounding the Returning to Work after Parental Leave. Legal Theory & Practice Review. 2024; 12(4) 221-241.
HoChang Roh. A Legal Study on the Issues surrounding the Returning to Work after Parental Leave. 2024; 12(4), 221-241.
HoChang Roh. "A Legal Study on the Issues surrounding the Returning to Work after Parental Leave" Legal Theory & Practice Review 12, no.4 (2024) : 221-241.
