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학술논문노동법논총2008.12 발행KCI 피인용 18

특수형태근로종사자의 개별근로관계 보호에 관한 고찰 - 화물, 덤프, 간병인, 대리운전, 퀵서비스배달원을 중심으로 -

A Study on the Individual Labor Relation Protect of Independent Contractor

조흠학(한국산업안전공단 산업안전보건연구원)

14권, 200~261쪽

초록

The Purpose of this study is to look for not only the actual condition of industrial injury and disease caused by occupational status such as a freight truck driver, a dump truck driver, nurse servicer, a Quick servicer, a proxy driver but also the strategic prevention measures of such injury and disease. Independent Contractors The labor conditions of Independent Contractors were compared with those of regular employees, from the viewpoint of labor laws. As a result, it was found that Independent Contractors are in severer labor conditions than ordinary employees. It is desirable to apply industrial accident compensation insurance or medical checkup system to them so that they may be compensated for accidents that may occur in process of work and their right to live may be secured. But at the same time, the regulations for protecting Independent Contractors and the definition of regular labor should be studied more deeply. The patterns of industrial disasters were analyzed according to work types, and countermeasures were mapped out on the basis of the results of the study. In result, it was judged that industrial disasters may be effectively prevented by three measures. First, industrial accident compensation insurance should be preferentially applied rather than preventive measures. Second, the education of industrial safety should be performed on s Independent Contractors, though it is an administrative problem. Third, medical checkup should be periodically performed on them. Also, the medical institutions to check them should be increased so that they may easily undergo checkup everywhere.

Abstract

The Purpose of this study is to look for not only the actual condition of industrial injury and disease caused by occupational status such as a freight truck driver, a dump truck driver, nurse servicer, a Quick servicer, a proxy driver but also the strategic prevention measures of such injury and disease. Independent Contractors The labor conditions of Independent Contractors were compared with those of regular employees, from the viewpoint of labor laws. As a result, it was found that Independent Contractors are in severer labor conditions than ordinary employees. It is desirable to apply industrial accident compensation insurance or medical checkup system to them so that they may be compensated for accidents that may occur in process of work and their right to live may be secured. But at the same time, the regulations for protecting Independent Contractors and the definition of regular labor should be studied more deeply. The patterns of industrial disasters were analyzed according to work types, and countermeasures were mapped out on the basis of the results of the study. In result, it was judged that industrial disasters may be effectively prevented by three measures. First, industrial accident compensation insurance should be preferentially applied rather than preventive measures. Second, the education of industrial safety should be performed on s Independent Contractors, though it is an administrative problem. Third, medical checkup should be periodically performed on them. Also, the medical institutions to check them should be increased so that they may easily undergo checkup everywhere.

발행기관:
한국비교노동법학회
분류:
노동법

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특수형태근로종사자의 개별근로관계 보호에 관한 고찰 - 화물, 덤프, 간병인, 대리운전, 퀵서비스배달원을 중심으로 - | 노동법논총 2008 | AskLaw | 애스크로 AI