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사내하도급과 근로자파견의 구별기준과 법적 효과의 문제

원문정보

A problem on standard of distinct and legal effect in Infra-Subcontract and Dispatch of Workers

한광수

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Exceptions that employers can utilize external workforce without employment relationship have been expanded. However the general rule of prohibition of labor supply service could collapse if we wouldn't recognize that worker dispatch is an exception. Nearly 37 percent of positions at “big” companies are filled with non- permanent workers, the labor ministry said Wednesday in its first disclosure of employment conditions at companies with more than 300 people on the payroll.Non-permanent members consist of workers dispatched from manpower supply agencies, temporary workers and home workers, it said. Many critics claim there are many things to be done to make the policy more effective. The biggest shortcoming, they point out, is the absence of rules to punish companies that refuse to report or make it erroneously. It is regulated a doctrine of intermediary exploitation in Labor Standard Act, is exceptionally allow Labor Supply Business in Employment Security Act, and is regulated Protection of Workers in Act on the Protection, Etc. of Temporary Agency Workers(is called ‘Dispatched Work Act’). Therefore, if the InfraSubcontract is understood the Dispatch of Workers it is applied the Dispatched Work Act. It is necessary to confirm the InfraSubcontract either we apply to Subcontract or Dispatched Work Act. The task of labor law confirmed in the concept of employee must perform a role in making a distinction among subcontract, dispatch and direct labor relations. If a subcontract has only external form and turn out to be disguised that the worker followed the contractor's order, the contractor must take responsibility as employer of the subcontractor's worker.

목차

Ⅰ. 들어가는 말
 Ⅱ. 사내하도급의 실태와 의의 및 한계
 Ⅲ. 사내하도급과 근로자 파견의 구별 및 법적 효과
 Ⅳ. 맺는 말
 참고문헌
 Abstract

저자정보

  • 한광수 Han, Gwang-soo. 강원대학교ㆍ충북대학교 강사, 법학박사.

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자료제공 : 네이버학술정보

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