특수형태근로종사자에 대한 경제법적 보호

Abstract

The Issue of the protection of the special type employee whose legal status is in middle between labors and undertakings(or self-employed) has been a longstanding problem in this society. Former discussions on this issue have mainly been about how to protect them through the labor law. Since the korean courts have consistently denied considering them as labors, however, the protection through the labor law has turned out to be a kind of unuseful. In this circumstance, the focus on the issue begun to turn to the possibility of protection through the economic law. But another controversial discussions have been raised on that way. Current disputes seems to have mainly come from the following two arguments; the economic law is not an appropriate method for the protection of the economic weak, and even so, in order to apply the economic law in this issue, the undertakings position of the special type employee should be premised. This article argued that current controversies about the protection of them through the economic law are erroneous. It showed firstly that the economic law is closely related to the issue of protecting the economic weak, and secondly that whether they are undertakings is one thing, to protect them by the economic law another. Rather it explained the economic law can be more useful tool to accomplish such politic goal. Upon this basis, the article analysed related stipulations under current the economic law and examined that the regulation on abuse of transactional prominent position has the most extensive coverage on this issue. As a conclusion, it suggested to enact a guideline of the regulation on abuse of transactional prominent position for the protection of the special type employee.