The purpose of this study is to analyze the related laws to investigate how kindergarten and daycare teachers’ legal rights are protected. In this study, kindergarten and daycare teacher’s rights, based on the ?Recommendation Concerning the Status of Teachers? from the ILO/UNESCO (1996) and the classification from the work of Mi-Sook We (2005) were concentrated and coordinated into ‘Right and autonomy of education as a professional occupation’, ‘Right to request for improvement on working conditions and guarantee of living’, ‘Right to request for welfare facility system’ ‘Secured identity as well as the privilege of freedom from arrest’, ‘Right to bring up a law suit and teachers association social activity right’. The results showed that: 1) there should be guaranteed additional law for ‘Secured Identity’ and the ‘Privilege of freedom from arrest’ which targets the daycare teaching staffs, 2) the institutional arrangements to complement the exceptions if less than five permanent workers presented in 「the Labor Standards Act」are needed.