용역계약의 해지가 근로관계의 자동소멸사유인가?
Is the cancellation of a service contract subject to the lapse of a employment relationship without a legal adjudication?
강희원(경희대학교)
36호, 85~128쪽
초록
Recently, the Supreme Court handed down a significant decision in a so-called indirect employment case related with the lapse of the employment relationship of workers dispatched by manpower supply agencies. According to this adjudgment, the cancellation of the service contract between manpower supply agency and manpower user is not directly subject to the lapse of the employment relationship between dispatched workers dispatched and manpower supply agencies. This leading case could also help improve better the legal position of dispatched workers than before. In this article is made a attempt to analyze critically this judical precedent, and tried to make a theory with theoretical generalization about the lapsing reasons of a employment relationship without a legal adjudication in so-called indirect employment relationship.
Abstract
Recently, the Supreme Court handed down a significant decision in a so-called indirect employment case related with the lapse of the employment relationship of workers dispatched by manpower supply agencies. According to this adjudgment, the cancellation of the service contract between manpower supply agency and manpower user is not directly subject to the lapse of the employment relationship between dispatched workers dispatched and manpower supply agencies. This leading case could also help improve better the legal position of dispatched workers than before. In this article is made a attempt to analyze critically this judical precedent, and tried to make a theory with theoretical generalization about the lapsing reasons of a employment relationship without a legal adjudication in so-called indirect employment relationship.
- 발행기관:
- 한국노동법학회
- 분류:
- 노동법