사내하도급근로자의 임금차별에 대한 법적 규제 가능성 연구

In the case of the subcontract within a company, the wage differentials exist between the original contract workers and the infra-subcontract workers who are performing the same work at the field of the original contractor. The proper and effective regulation is not imposed on the wage discrimination against the infra-subcontract workers for the reasons of that the Act on the Protection, etc, of Fixed-Term and Part-Time Employees and Act on the Protection, etc, of Dispatched Workers are not applied to the infra-subcontract workers. In the case of subcontract within a company, for the reasons of that the infra-subcontract workers are performing the same work at the field of the original contractor by using equipment, facilities, tools, etc of the original contractor, the equal remuneration for work of equal value on the basis of the constitutional equal rights should be applied to them. Although Labor Standards Act, National Human Rights Commission Act, Minimum Wage Act, Monopoly Regulation and Fair Trade Act, Fair Transactions in Subcontracting Act, Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises as the current laws related to the wage differentials are in existence today, it seems to be insufficient to effectively regulate the wage differentials in the current law system due to their own limitations. To eliminate the wage differentials between the original contract workers and the infra-subcontract workers, legislation improvement as the joint responsibility for the wage differentials of the infra-subcontract workers, the extension of the concept of the employer, to enact a general law against discrimination, to disclose the wage information, etc seems to be needed.