고용형태의 다양화와 노동기본권 ― 특수형태근로종사자와 간접고용근로자를 중심으로 ―

According as the employment patterns are very diverse, the non-regular workers who face the poor working conditions and insecurity about their jobs are forming an ever-greater part of the economically active population. Among them, it is generally known that the contract laborers have not been recognised as the employee by the court, and the dispatched or subcontracted workers can not charge the user-employer with the liabilities for employment relationship. On the other hand, many researchers and experts in labor law believe that the contract laborers may be the employees according to the current or new construction of labor law and also the dispatched or subcontracted workers may charge the user-employer with the liabilities for employment relationship. Nevertheless, they have been excluding from the protection of the labor law because of the negative attitude of court. It's very hard to legislate in detail for protecting the diverse working conditions of the contract laborers and the dispatched or subcontracted workers since their employment patterns, extent of economical dependency and workings conditions are very diverse. Consequently, the alternative measures are required that the fundamental labor rights such as the right to organize, the right to bargain collectively and the right to take concerted action should be guaranteed them constitutionally so that they should protect ourselves concretely or appropriately the working conditions and job security by the collective bargaining and agreements.