영화산업종사자의 근로자성 판단과 근로조건의 개선방향

Abstract

This paper is, especially in the movie industry, about that workers in the movie industry are whether the worker are or not and about the way to improve their working conditions. And recently, it is important who worker is and who employer is because of the variety of employment forms in the movie industry as well. The reason is that the decision is caused by applying to 'all or nothing' principle. Workers in the movie industry can be decided whether they are workers or not and who is the employer of them under their position. Especially, it is important who the employer that takes the responsibility is. The worker like a leading actor makes a direct contract with the production company. In this case, the production company is the employer. On the other hand, there are many problems in the workers like the extras through worker dispatch and subcontract. Because the extras are decided who the employer of them is by the form of employment and the type of working. And like the cinematographer and the step, the worker is in charge of the portion of the production of films. In this case, movie director is the employer as the business manager for the movie company. And movie director is the worker in a relationship of movie company, but the employer in a relationship of the steps. Even though movie director made a direct contract with the steps and paid the wages directly, the employer of the steps is the movie company, because the right and obligation belong to the movie company. Meanwhile, there is a big increase in the number of late disbursement of wages because of the extremely sluggish economy in these days. it is the social problem that the employers don't pay the steps wages. To solve this problem, we should let the employers obey the Article 43 of the Labor Standard Law. The violator receives a criminal penalty(the Article 109 of the Labor Standard Law). The employers should change the working overtime and rest-period through the representative for workers.