공공부문 민간위탁 제도개선방안
제1장 들어가며
제1절 연구의 배경 및 필요성 ······························································· 1
제2절 민간위탁 개요 ············································································ 4
1. 민간위탁의 개념과 범위 ································································ 4
2. 민간위탁의 유형 ············································································ 7
3. 민간위탁 관련 법적 근거 및 관련 규정 ········································· 9
4. 민간위탁의 특징 ·········································································· 12
제2장 민간위탁 조사대상 실태조사
제1절 민간위탁 현황 ·········································································· 13
1. 전체 민간위탁 현황 ····································································· 13
2. 민간위탁 사업장 설문조사 분석 ·················································· 19
제2절 직종별 실태조사 ······································································ 26
1. 콜센터 ························································································· 26
2. 생활폐기물 수집·운반 ·································································· 34
3. 소각장·선별장 운영 ····································································· 56
4. 상수도 검침업무 ·········································································· 70
5. 고용/아이돌봄/다문화가족 지원센터 ·········································· 93
6. 발전사 경상정비 ········································································ 109
제3장 민간위탁을 내부화해야 하는 이유
제1절 민간위탁의 내부화 기준 ························································ 122
1. 민간위탁 논리 대 직접수행 논리 ··············································· 122
2. 민간위탁/직접수행의 타당성 기준과 지표 ································ 126
제2절 직종별 검토 ··········································································· 139
1. 직종별 타당성 검토 ··································································· 139
2. 종합: 직종별 타당성 기준 ························································· 146
제3절 결론 ······················································································· 147
제4장 ‘민간위탁정책추진방향’의 쟁점
제1절 왜 ‘민간위탁 정책추진방향’을 다루는가? ····························· 150
제2절 민간위탁 정책추진방향의 문제점 ·········································· 153
1. 상시지속 비정규직(간접고용 포함) 정규직화 원칙 포기 ·········· 153
2. 민간위탁의 장·단점에 대한 검토 부실 ······································· 155
3. ‘민간위탁 특징상 전환기준 설정, 지침 시달의 한계’에 대한 문제점160
4. 노동계 의견 수렴 없는 정부의 일방적 발표 ······························ 165
5. 세부추진 내용의 문제점 ···························································· 167
6. 민간위탁 공공성 및 책임성 강화 조치 미약 ······························ 175
제3절 민간위탁에 대한 ‘제대로 된’ 정책추진방향 ·························· 176
1. 민간위탁 적정성에 대한 전면적 재검토 및 직영화 추진 ··········· 176
2. 1단계 오분류 사무 재검토 ························································· 178
3. 민간위탁 사무의 타당성 자율 검토 추진 방향 ··························· 191
4. 심층논의 필요사무 결정 ···························································· 192
5. 민간위탁 노동자 노동조건과 권리보호, 공적 관리 강화 병행 ··· 193
제5장 민간위탁 제도개선방안
제1절 현행 민간위탁의 법적 규율상 한계와 문제점 ························ 195
1. 민간위탁 규율방식의 특징과 문제점 ········································· 195
2. 민간위탁 시 수탁기관 근로자에 대한 고용상 보호 ··················· 208
3. ｢민간위탁 노동자 근로조건 보호 가이드라인｣ 분석 ················· 218
제2절 민간위탁에 대한 정부법률안 평가 ········································ 226
1. 현행 ｢행정권한의 위임 및 위탁에 관한 규정｣의 특징과 한계 ·· 226
2. ｢행정사무의 민간위탁에 관한 법률｣안의 내용과 한계 ············· 234
제3절 재직영화를 위한 법제화 원칙 ················································ 243
1. 상시적 재직영화 심의제도 도입 ················································ 243
2. 직영전환 절차 및 직영전환 후 고용조건 설계 ··························· 245
