When Precarity Encounters COVID-19: A Critical Analysis of Korean Policy Responses

IF 0.8 Q3 INDUSTRIAL RELATIONS & LABOR International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-12-01 DOI:10.54648/ijcl2022022
Aelim Yun
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Abstract

In the acute phase of the COVID-19 pandemic, Korea was considered a successful case of containment of infection. However, the employment protection response has not been as successful as the health response. Although the Korean Government has taken unprecedented fiscal measures, the hardest-hit groups including workers in non-standard employment are still least protected. The pandemic has found countries with widespread precarious employment at their most vulnerable. Since the 1997 Asian financial crisis, the Government has promoted the deregulation of capital and the flexibilization of labour, with precarious work becoming ‘normal’. COVID-19 shows that workers excluded from labour protection before the crisis are the most vulnerable in the current crisis. Dependent contractors are not protected from termination of contract or loss of income, while employees in a comparable situation may be supported by job retention schemes and unemployment benefits. This means employers using dependent contractors can avoid employer liability in a normal situation as well as in times of crisis. While the Government attempts to expand unemployment insurance to certain groups of dependent contractors, debates over who should bear the financial burden are underway. Employers refuse to contribute to unemployment insurance for dependent contractors, arguing that they are not the employers of these workers. This article analyses how flexibilization in Korea has affected vulnerability and the segmentation of labour protection. It argues that the ‘protection gap’ among workers resulted from political choices and the strategy of capital to transfer cost-and-risks onto workers and society as a whole. These pre-pandemic political choices undermine the chances of a fair recovery. This article argues that establishing employer responsibility is essential for a humancentred recovery. COVID-19, Dependent Contractor, Income Support, Non-standard Employment, Unemployment Insurance, Employer’s Responsibility
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当不稳定遭遇新冠肺炎:韩国政策应对的批判性分析
在新冠肺炎疫情的急性期,韩国被认为是控制感染的成功案例。然而,就业保护对策不如保健对策那么成功。虽然韩国政府采取了前所未有的财政措施,但包括非标准就业工人在内的受影响最严重的群体仍然受到的保护最少。大流行使就业普遍不稳定的国家处于最脆弱的地位。自1997年亚洲金融危机以来,政府推动解除对资本的管制和劳动力的灵活性,使不稳定的工作成为“正常”。COVID-19表明,在危机前被排除在劳动保护之外的工人在当前危机中是最脆弱的。受扶养承包人不受终止合同或失去收入的保护,而处于类似情况的雇员则可得到工作保留计划和失业津贴的支助。这意味着雇佣受抚养承包人的雇主在正常情况下和危机时期都可以避免雇主责任。虽然政府试图将失业保险扩大到某些依赖承包商的群体,但关于谁应该承担财政负担的辩论正在进行中。雇主拒绝为独立合同工缴纳失业保险,理由是他们不是这些工人的雇主。本文分析了韩国的灵活性如何影响脆弱性和劳动保护的分割。它认为,工人之间的“保护缺口”是由政治选择和资本将成本和风险转移给工人和整个社会的战略造成的。这些大流行前的政治选择破坏了公平复苏的机会。本文认为,确立雇主责任对于以人为本的复苏至关重要。COVID-19,受抚养承包商,收入支持,非标准就业,失业保险,雇主责任
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来源期刊
CiteScore
1.00
自引率
12.50%
发文量
17
期刊介绍: Published four times a year, the International Journal of Comparative Labour Law and Industrial Relations is an essential source of information and analysis for labour lawyers, academics, judges, policymakers and others. The Journal publishes original articles in the domains of labour law (broadly understood) and industrial relations. Articles cover comparative and international (or regional) analysis of topical issues, major developments and innovative practices, as well as discussions of theoretical and methodological approaches. The Journal adopts a double-blind peer review process. A distinguished editorial team, with the support of an International Advisory Board of eminent scholars from around the world, ensures a continuing high standard of scientific research dealing with a range of important issues.
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