한국의 사내하도급: 원인과 대책

The question to be addressed in this paper is, “Why are the in-house contracting issues in Korea not resolved despite the Supreme Court’s ruling finding it to be ‘unlawful dispatch’ and workers’ resistance?” The reasons can be surmised as followsbased on case studies including Hyundai Motor’s, interviews, and secondary literature analysis. First, the anachronistic form of in-house contracting has been established as the ‘Korean standard model’ with the government’s policy support. Second, the Korean standard has won legitimacy on the grounds of efficiency. Third, organizational isomorphism such as benchmarking large companies. Fourth, the impossibility of forming labor-management relations. Thus any solution would have to be a nationwide system that goes beyond the boundary of individual companies like Hyundai Motor, and this paper presents some possible options. First, improving the legal system to encourage rational use of in-house contracting and eliminate unlawful contracting. Second, reforming the public sector to be more employment-friendly. Third, amending the Act on Trade Unions to make it easier to set up and join unions, and eliminating the dual restriction on union membership as specified in the union charter and collective bargaining agreement. Fourth, seeking a supra-enterprise bargaining arrangement that goes beyond company-level bargaining.