노무용역 공급업체의 변경과 고용승계

Abstract

In Korea, an issue whether or not employment relationship is automatically transferred in a service provision change where activities cease to be carried out by a contractor and are carried out instead by another person has been usually dealt with based on the commercial law approach. As a service provision change doesn’t involve any transfer of tangible or intangible assets from a contractor to another, this approach is more likely to deny the fact that there is the transfer of a business which is a prerequisite for the transfer of employment relationship. This commercial law approach is contrary to the employment protection objectives of the Labor Standard Law. Therefore, at the time of the transfer of an undertaking based essentially on manpower such as cleaning or security, the labor law approach focused on the ‘same or similar activities’ should be taken for the employees to be protected where activities performed by themselves are transferred to be continued.