골프장 캐디의 노동법상의 지위 -판례와 행정해석을 중심으로-

Abstract

Recently, legal protections for golf caddies have been discussed widely. In principle, legal protections must be focused on the 'labor-law' protection devices. Legal protections are employment status of golf caddies. This study is legal protections of golf caddies. This paper proposes that the issue of employment status of golf caddies who are treated as atypical workers in the Korea labor market should be addressed legislatively. At present, the courts don't regard golf caddies as workers prescribed by the Labor Standards Act. But, The paper asserts that the courts' unfavorable interpretation of employment status of golf caddies has continued regardless of the intention of the legislative organizations, and that new interpretation is still unlikely to be adopted in the near future. As the legislative solution, the paper suggests the amendment of Article 63 of the Labor Standards Act, and addresses to take a triangular position new concept of worker in a labor contract. New concept is restricting interpretation contents of worker concept of existing . When provides a labor to the user from dominative subordinate relationship element, must see with worker.