위장도급의 판단 ― 파견과 도급의 준별 ―

The task of labor law confirmed in the concept of employee must perform a role in making a distinction among subcontract, dispatch and direct labor relations. If a subcontract has only external form and turn out to be disguised that the worker followed the contractor's order, the contractor must take responsibility as employer of the subcontractor's worker. The decision of disguised subcontract is accomplished by the way to investigate substance in the relations of offering and receiving work. I summarized the precedent and many argument suggested until now at this matter in this paper. In this connection I study the part in which labor relations and subcontract are distinguished. And as the detailed factor judgement of dispatch and labor relations, I mentioned whether the object and content of the subcontract have expertise and skill or not, whether the subcontractor is substantial and independent in business and management or not, and the concrete aspect of command and supervision. Disguised subcontract bring about result that the workers of subcontractor are discriminated against that of contractor who perform the same task. If disguised subcontract do not be regulated, the workers of subcontractor cannot be properly protected by labor law and cannot but endure poor working conditions. And socially, this cause a gap of rich and poor, political unrest and economic collapse. On the basis of this awareness, the regulation of disguised subcontract should be accomplished from both standpoint of judgement and legal effect in a substance and organic way.