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영어

The worker dispatch means that a sending employer hires a worker and dispatches the worker to a using employer while maintaining employment relation so that the worker works in the business field of the using employer according to the worker dispatch contract. Therefore, employment is inconsistent with use in the worker dispatch relation.
In the case of the intra-subcontract, a worker works in the business field of a contractor other than the business field of an employer, so employment is often inconsistent with use. In both cases of the worker dispatch and the intra-subcontract, the worker works in the business field of the using employer or the contractor. In the case of the worker dispatch, the using employer has the supervisory power as a rule. However, in the case of the intra-subcontract, the contractor has no supervisory power. Nevertheless, since the supervisory power can be variously exercised in practice, the acts of the contractor may be substantially identical to the supervisory power although these acts are not regarded as the supervisory power itself. That is, it is very difficult to distinguish the acts of the contractor from the supervisory power.
The worker dispatch and the intra-subcontract are subject to different types of laws and rules, respectively. That is, the worker dispatch is subject to the worker dispatch act. However, in the case of the intra-subcontract, the employer's liability is imposed only to the employer under the labor laws, and the contractor is free from the employer's liability. Therefore, business proprietors may prefer the disguised contact, which is disguised as the intra-subcontract, in order to avoid the user's responsibility under the labor laws.
After the registration of the worker dispatch act, the social issue is focused on the illegal dispatch or illegal subcontract other than the worker dispatch itself. The main problem under disputation relates to the counter-party in the employment relation of the dispatch worker. This is because most dispatch workers assert the unfair dismissal and the unfair labor practice based on the employment relation with the contactor.
Therefore, this thesis will study on the legal effect and problem and legislation for protecting dispatch workers in relation to the disguised contact, which is disguised as the direct employment relation, and labor relationship in the illegal dispatch that violates the worker dispatch act.