It is inevitable to employ adjunct faculty in schools of different levels. However, since teachers play a crucial role in educating the younger generation, it is necessary to establish reasonable working conditions not only to attract excellent intellectuals, but also to promote the regular operations of schools and quality of teaching. As far as the current situation is concerned, Labor Union Act, Collective Agreement Act, Act for Settlement of Labor-Management Disputes apply to adjunct faculty, and social security is acceptable. Yet, when Teacher’s Act and Labor Standards Act do not apply to them in the long term, their labor rights cannot be protected appropriately, which in turns, may have a negative impact on both the long-term development of education and students’ education rights. Therefore, this study will conduct a legal analysis of current laws in education and labor to understand the categories of adjunct faculty in schools, how they are employed, their main duties and how their labor rights are protected in laws. It will also analyze the potential problems for schools to incorporate adjunct faculty in Labor Standards Act and provide further suggestions to cope with the problems. The conclusions and suggestions of this study are as follows:
Ⅰ. Conclusions
1. According to related legal regulations, the main duty of adjuct faculty in schools should be a supplement of the lack of manpower.
2. Current legal regulations are not quite sufficient in terms of protecting the labor rights of adjunt faculty in schools, especially the individual labor rights.
3. The most controversial issues of applying Labor Standards Act to adjunct faculty in schools are labor contracts and working hours, recess and holidays.
Ⅱ. Suggestions
1. Schools should examine for what reasons adjunct faculty are hired.
2. It is necessary to modify regulations of leave-taking for adjunt faculty in schools to abide by.
3. The Ministry of Education should request related institutions to examine the possibilities of setting up regulations for those who work limited hours.
4. Labor Standards Acts should apply to adjunct faculty having a contract of hire of services.
