법정 병가제도 도입의 정책적 쟁점

Abstract

Since COVID-19, there have been increasing social needs for the right to rest when sick. Accordingly, Korean government has announced a comprehensive policy plan for the Korean New Deal to introduce Medical Care and Sickness Benefits on 14th July 2020. Apart from the introduction of medical care and sickness benefits, however, statutory sick leave is required for workers to take a leave in practice while it is not recognized under current labor law system. In this regard, imperatives of the introduction of sick leave system as statutory minimum standards need to be reviewed.<BR> The current sick leave system is stipulated in collective agreements and rules of employment. On this, it is possible to consider extending the regulations which have been previously applied to major companies and public sector companies to private sector companies (by way of regulations under 〈Labor Standards Act〉) similar to the extended application of public holidays for private sector companies in 2018. And it is also possible to have 〈Equal Employment Opportunity and Work-Family Balance Assistance Act〉, which has recently introduced various systems for work and life balance, regulate sick leave in a way similar to regulations on family care leave/time off.<BR> The important point is that sick leave system shall have mutual consistency with judicial order in general. After the payment plans of medical care and sickness benefit is concretely specified, structure and contents of the legal system, term and payment methods of statutory sick leave shall be determined in accordance with it. It seems that detailed discussions on term, payment methods and legal basis of statutory sick leave and medical leave can be progressed only after discussions regarding matters on waiting period and protection of medical care and sickness benefits under labor laws become activated.<BR> When statutory sick leave is implemented, plans to embrace special types of worker between self-employed and employee shall be considered as well. Under industrial accident compensation insurance and employment insurance, special types of worker between self-employed and employee is similarly regarded with employees. Issues including the methods of identifying income and application standards discussed under the above systems may as well be applied to discussions regarding medical care and sickness benefits.<BR> Considering that sick leave and time off systems regulated under collective agreements and rules of employment are structured around the systemized companies like public sector companies and major companies, consideration shall also be given on how the existing regulations on collective determination of working conditions would be changed after the introduction of medical care and sickness benefits and statutory sick leave. If sick leave or time off has already been under protection by collective agreements, rules of employment and other regulations, it is also necessary to consider how to design the method of merge between the new benefit system and the existing one.