‘파견과 도급의 구별’이라는 틀의 재검토

Exceptions that employers can utilize external workforce without employment relationship have been expanded. However the general rule of prohibition of labor supply service could collapse if we wouldn't recognize that worker dispatch is an exception. Especially, a speed of collapse of the rule will be increased when we consider a subordination based on bilateral employment relationship as an element of illegal dispatch of workers, because a sphere of application of the rule will be reduced in reality. To avoid this, 「Act on the protection, etc. of dispatched workers」 should be placed in status of ius singulare. So, some regulations about legal effect of illegal dispatch of workers in the Act must be incorporated in ratio legis. And then, the regulations of elimination of intermediary exploitation in Labour Standard Act and of general prohibition of labor supply service in Employment Security Act will work properly.