아파트의 위탁관리가 근로관계에 미치는 영향 ― 위수탁관리계약의 문제점을 중심으로 ―

Subcontracting of the apartment management by the building management company is increasingly the trend in Korea. The resident representative of the Apartment can surely autonomously manage the housing. Because of the onerousness of the labor management, however, the resident representative of the Apartment tends to outsource the task to the subcontractor, the building management company. The subcontractor, which made a contract with the resident representative for a year term, usually hires the employees who undertake the work of the apartment, i.g. guard, cleaning and repair. In principle employees' duty to perform the work of the apartment ends with the termination of the contract between the resident representative and the subcontractor(employer). The problem is whether the new subcontractor (or scarcely the resident representative) should undertake the employees of the former subcontractor. The another problem is that the resident representative is concerned with the management and the personal matters even after the subcontracting of the apartment management, because the residents of the apartment normally find fault with everything the employees do. Therefore the employee can be fired although he has not committed significant fault against his employer. Substantially the subcontractor has no right regarding the personal matters, even though he is the employer of the fired employee. As a result the employee who had filed a lawsuit against his employer can hardly be remedied because the real employer is not the subcontractor but the resident representative. Therefore it is necessary to impose liability on the resident representative, so far as it (as a real employer) interferes in the personal matters of the management company.