勞基法揭櫫保障的「勞動者」，其「屬性」特質為何？以法律順應社會現實的概念，在擴大適用政策中，那些是該法所應保障的對象？那些應予排除？其所屬機關權責如何釐訂？本文將試圖從該法引發勞動者概念、公立醫院定位問題及勞雇主體內涵為何之論述中，析述相關概念的異同，並藉由勞基法立法之法理屬性基礎一社會基本權論，探討該法在擴大適用「對象」上，可能的法理準據。 以法理的論述，本文支持公立醫院醫護人員屬受雇的勞動者。但公立醫院醫護人員，是否適用勞基法，必需將該法對適用主體，是否體現勞動經濟的社會公平正義思考。若現行公務員且臣務法規可讓公立醫院內任用、聘用、派用、遴用、及「臨時人員」、「聘雇人員」等，都能獲得國家法制的保護與照顧，且不應沒有適用勞基法而損及權益，則是否有必要再疊床架屋，造成人民公帑浪費，值得深思。但未受公務員相關法令保障的「臨時人員」，若沒有相關法律足以保障其勞動權的社會公平正義，則保障勞動者之最低、最基本的勞基法，理當是保障其勞動權公平正義的最基本法源，也是法理的應然體現。

　　　　　What are the "attributes" of the "laborers" covered under the Labor Standards Law? Based on the voncept that laws and regulations should reflect the real social practices, which are the true objects that should be protected under this law9 as the applicability policy widens? Which ones should be excluded? How should the responsibilites and obligations of the employing organizations be prescribed? This paper will attempt to analyze the discrepancies and similarities between pertinent concepts derived from this law, and initiate the beliefs of the laborers, positioning problems of the public hospitals, and discuss what are the determining components between labor and management. In addition, this paper will use the legal foundation of the characteristics set forth by the Labor Standards Law Legislation-the theory of basic social rights, to discern possible legal principles used for "objects" in the widening of the applicable law. From a theological legal perspective, this paper support nursing personnel employed by public hospitals as laborers. But whether or not nursing staffs hired bypublic hospitals are suitable under the Labor Standards Law, we must consider to see if this law embodies social fairness and righteousness of a labor economy involving proper parties. If the current Civil Servant Service Act permits public hospixals to appoint, engage, dispatch, select, as well as "temporary employees" and "contracted personnel"; can be protected and taken cared of by the national law. Their rights should not be impaired even though the might not be applicable under the Labor Atandards Law. It is worthy of extensive contemplation to see if there are needs to duplicate and overlay the current statute that is causing a waste of public resources. But for those "temporary employees" not covered by the relevant Civil fairness and. righteousness of their rights as laborers, then the most fundamental, most rudimentary protection for the laborers, the Labor Standards Law, should naturally be the basic legal statute protecting the fairness and righteousness of their rights as laborers. This is also the subsequent materialization of the principle of law.