파견근로자 직접고용규정이 노동시장에 미치는 영향

Abstract

Temporary Work Agency Employee Protection Act has established on the 20th of February, 1998. The controversy of its aftereffects has never been unstoppable. The types of in house subcontracting had legislated before the Temporary Work Agency Employee Protection Act established, yet, Employment Security Act were in the shadow double edged sword of the law in those days. Therefore, it was inevitable for subcontracted employee to protected by its act. According to its circumstance, it has been proposed to protect the right of the employee of subcontractors in order to build the cornerstone of legitimate subcontracting, which is for the efficiency of increasing supply and demand of manpower in labor market. The genuine aim of its legislation on the Temporary Work Agency Employee Protection Act is to protect the employee who are under vicious cycle of subcontracts and guarantee the expansion of the labor market. In case of the possibilities that the status of recruitment for labours cannot be avoidable of being unstabilized, there was a settlement of section regarding direct employment legislated on the 21st of December, 2006. This act was altered as legitimate duty, followed by revision on the 1st of February, 2012. However, it cannot conclude this is rational regulation when it considers the practical demand of labor market in order to abide the principle of direct employment by only regulating the amount of task given to each worker, which is clearly supported by illegal subcontracting in current situation. The limitation of both the amount the task given and the period of contracts can have more possibilities to improve lawful stabilization and clarity. In other words, revising of current act represents the solidification of functional labor market with enforcement of agreeable subcontracting environment. Unfortunately, subcontracting issues in our country has outweighted on the security of employment according to illegal subcontracting. This does not mean that its security can be ignored, yet, current circumstances cannot be satisfied with equality of income and completed employment since globalization has brought the alteration of employment and the information era. There must be revision of Temporary Work Agency Employee Protection Act in order to resolve what section direct employment faces with.