간접고용의 합리적 규율을 위한 법리

Abstract

The indirect employment, synonymous with multilateral employment has rapidly spread out in Korean industry from late 1990s. But there have been various form of indirect employment(dispatched work, subcontract work, temporary work) and illegal multilateral employment disguised as contract work. In this respect, many discussions have arisen how to regulate indirect employment rationally and resolve the instability of employment, unfair inequality and the obstacle of fundamental labor right for the workers of multilateral employment.For the rational regulation of indirect employment, the reaffirmation of direct employment principle and the extension of employer's liability should be required first of all. As well as the flexible analysis of worker and employer conceptions and also the fair administration of legal justice for the protection of workers and exercise of fundamental labor right are requested importantly.In viewpoint of the reform of legislation in Korea, the regulate provision for the eradication of illegal multilateral employment and protection for the workers should be made up along with the expansion of permitted limit of indirect employment. The comparative legal analysis on ILO, Germany and Japan has supported this opinion. On the other hand, the legislation of intersection sphere between labor law and economic law is required together with composite support from government and NGO.