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KERD
논문KCI 등재

파견근로자의 직접고용에 대한 평가와 해석과제

Legal Issuses of Dispatched Worker and Employment of User-Employer

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참고문헌

키워드

주제분류법학

초록

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker.

Abstract

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker.

참고문헌 (9)

  1. 강성태, "비정규직법안의 내용과 과제", 노동법학, (21), pp.1~30 (2005), 한국노동법학회
  2. 박종희, "비정규직 차별금지 판단기준 및 운영에 관한 연구" (2006), 중노위
  3. 이재용, "위장도급과 불법파견에 있어 고용관계", (22), 한국노동법학회
  4. 유성재, "취업형태의 다양화에 따른 법제정비방안(Ⅰ)" (2002), 한국법제연구원
  5. 조임영, "근포자파견관계의 판단방식과 기준", (22) (2007), 서울대노동법연구회
  6. 조경배, "직접고용의 원칙과 파견근로", (19) (2001)
  7. 전윤구, "비정규법안과 차별금지― 기간제근로자의 비교대상자문제와 차별의 합리적 이유를 중심으로 ―", 노동법학, (23), pp.109~156 (2006), 한국노동법학회
  8. 최홍엽, "파견기간초과시 고용간주규정의 해석", (10) (2001), 서울대노동법연구회
  9. Schuren?Hamann, "Aabeitnehmeruberlassungsgesetz", pp.394~456 (2007), C.H.Beck

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