간접고용하의 부당노동행위 사례와 보호방안

This paper is made aiming at protecting the three major labor legislation for employee's employed indirectly under the diversified labor types due to changes in companies' management environment. Dependency of employee's are closely related to a service provider who supplies employee's and a employer who employs dispatched employee's. So the concept of a employer about the employee's under indirect employment is determined by the fact that who is the real employer and the employer is subordinated to the responsibility of a employer. Unlike in the past, it reflects the reality that employers has a certain substance and performs the functions of control on employee's partially. Traditionally, direct and specific conducts and order relations were an essence of dependency but now is the time to go further to consider who structurally determines the working relations and who is in the position of infringing the three major labor law and to admit whether he/she is a worker or not. The content discussed in Korea these days shows negative points against the concept of employer accepted by precedents and divided points that the employer and the employer have responsibility and a real employer has a responsibility on partial part exceptionally that the real employer dominates: both points admit the expansion and division of the concept of a employer under the labor law. Those different points are just differing in which one weighs more on the complex and various situations in labor reality and there is no need to consider which one is right. Accordingly, it is needed to establish a necessary standard for reality considered interpretation by admitting the scope of a employer under the labor law broadly and when it comes to the three major labor law, it is also needed to interpretate the law elastically for third employer to insist the three major labor law by adding the right to organize centered theory in the right to collective bargaining centered theory.