캐나다의 특수형태근로종사자에 대한 노동법적 보호

Abstract

In Korea, according to the case law, dependent contractors have been considered as independent contractors because they lack personal subordination to the other party of the contract, which is the most important indicia to be an employee. In terms of economic dependence, I believe dependent contractors are exactly the same as employee in quality and quantity. The only difference between them lies in the degree of personal subordination in terms of quantity. Recently, the salience of the legal distinction between employees and independent contractors has been changed a little by the Supreme Court. Court began to emphasize economic dependence in favor of the definition of employees. This can be considered as an positive approach. It can be a sign to widen its scope, as the emphasis has shifted from direct subordination to include economic dependence as the basis for extending labour protection to workers. However, the current approach the category of employees can be determined only by court gives parties instability to identify their legal relations. It is more desirable to give parties predictability to distinguish between employees and independent contractors. Especially, to identify the scope and definition of dependent contractors is very important. In this regard, in this article I have analyzed the Canadian approach to identify the scope of dependent contractors. I believe the Canadian approach can give us a clue to answer this difficult question.