“헌법상” 근로권에 있어서 근로자개념

According to social change and complexity, New types of job are coming into existence. So we need to decide if the person who works at the new types of job is worker to get the coverage of the labour law, especially labour standard act. Because labour standard art operates for only worker who works dependently. A lot of disputes occur from this problem. One way to solve this problem is enlarged the coverage of labour standard act. but the employers deny the enlargement of labour standard art in view of the right of property based on the capitalism. The other way is to establish the concept of worker in view of constitutional law which is the supreme law within the boundary of a nation. for if an article of labour standard act violates the constitutional law, the violated article of the labour standard art becomes void. On defining worker on the constitutional law, we must harmonize the principles of constitutional law which restrict the right of citizen mutually. The essence of capitalism is to guarantee liberal acting of employer. so the destiny of company is dependent on the owner. the capitalism generates the limit on the enlarging the concept of worker who needs the legal protection for the economic dependence. in other words, to be worker, the person works dependently in the process of performance. The legal nature of dependence is described as not economic dependence but persona dependence which demands the dependence in the process of work. So the person who needs the social protection for lower income is excluded from the coverage of labour standard act. I think that it is possible for the person who needs the social protection to become the worker in this case, but when the result of person's work affects the destiny of company. the person can not be the worker for the limit of capitalism.