자원봉사자의 근로자성에 대한 연구 - 판례를 중심으로 -

Abstract

Nowadays, forms of labor providers of different industries and career fields are changing from typical subordinate labor to diverse forms of labor, therefore laborers’ status was raised as the target of the dispute. In other words, current labor law is based on the laborers according to the subordinate labor from manufacturing business so it has limits to effectively regulate the labor relation status of diverse types of fields and careers in the technology and information centered society. Especially in the case of volunteers, they provide labor without wages in the formal legal relationship. In principle, this volunteer work is not paid for the provision of labor, even if it is unpaid, there may be money, such as transportation expenses and food expenses, which are not paid for the provision of wages, in exchange for the provision of labor. This type of paid volunteer worker can raise a problem whether they can be recognized for their labor and protected by labor law. Precedent cases decide the status of volunteer and the laborer according to the direction and supervision by the employer, intention of the volunteering, compensation of actual expenses used as a graft. proper amount of graft money etc by providing past judgement of employment status. The precedent cases use open concept of type so, in this case the number of assessment indicator is infinitely opened and the importance of interaction between assessment indicator does not exist. Also, dependency decision is judged comprehensively so it has tendency to seek the way to avoid the positive sides and rather restrictively interprets the definition of laborer. It is certainly meaningful to limit the scope of application of previous content and suggest separate standard of judgement against the standard of judgement that the supreme court previously suggested. The major area that is to protected by labor law still remains in spite of the diversification of labor types and the change in the employment structures. On the other hand, it raises question in method and purpose to protect a worker (volunteer) with non traditional labor method who provides the work other than the typical ‘labor’ or the new area that cannot be protected by labor law. Therefore, this research suggests a study on legal relationship about volunteers based on this recognition and critically examines the precedent cases of labor status of volunteers for further study.