부당노동행위 유형별 사용자의 개념

Changes in society and the diverse forms of employment increased the working relationship that does not actually match. Indirect employment can be a typical example. The Supreme Court in 2010 in awareness of these issues suggested the relativity for the concept of employer by the court's ruling on Hyundai Heavy Industries Co. This paper attempts to reveal the meaning and contents of the concept of employer by these types of the unfair labor practice through internal and external delimitation. The problem of internal delimitation of the concept of employer should be considered depending on some extent of authority and responsibility which employers give employees for working conditions including personnel, payroll, benefits and labor management or job related command, direction and supervision. With respect to the employer's external expansion, there are diverse perspectives and discussions. To expand the concept of employer is essentially correct. To try to relatively interpret the concept of employer under labor laws, however, is consistent with the primary purpose of collective autonomy rather than discuss a standardized expansion. In particular, there should be discussion of the delimitation by expanding the concept of employer in unfair labor practice. The internal scope of the concept of employer is specified in the Trade Union and Labor Relations Adjustment Act, but there is no regulation about the expansion of the external scope. In reality, considering that the expansion of the concept of employer is being actively discussed, for the delimitation of the concept of employer certain standards should be clearly set up and be specified legislatively.