근로자파견관계의 판단방식과 기준

Recently many companies use exterior labor forces. Thus, it is becoming important issue whether it is illegal labor supply or not. So in this essay I want to make clear the criterion of the judgement of a temporary work relation. I propose, therefore, two essential points for this topic. The one is that the contract cannot be compared with the temporary work, because the first is the arbitrary type of Civil Law and the second is mandatory regulation which has a civil and criminal sanctions. Therefore, I assist that it should be judged from the Act relating to protection, etc., for dispatched workers. This Act stipulate that “the term 'worker dispatch' means a system in which a sending employer, while maintaining the employment relations after hiring a worker, has the worker engage in the work for a using employer in compliance with direction and order of the using employer in accordance with a contract on worker dispatch”(Article 2). The second is that more specific criterion should be whether the work is really for a using employer not more than the direction and order of the using employer. This is, again, related with two things. First is the enterprise which supply labor forces has a another business except the furnishing of labor force itself. Second is whether the supplied labor is used for his own business.