산업안전보건법상 사내하도급에 관한 사업주 책임

The number of workers under the commonly called indirect employment has steadily increased from 1997 in Korea. This is resulted from the hard pressure to cut down the labor costs on the severe struggle for existence of global market in these days. As the result, using employers and sending employers take more profits but, dispatched workers are imposed sacrifice and the risk of industrial safety and health are transferred to the workers in this process. This essay discussed about the indriect employment by investigating two acts. One is the regulations about the obligations of employer about the safety and care on the Occupational Safety and Health Act(OSHA), and the other is Act on the Protection of Dispatched Workers(APDW). The worker dispatch contract means an agreement prescribing worker dispatch between a sending employer and a using employer. If workers working dependently in the using employ's workplace under the instruction, the responsibility of the employer is shared between contractor or using employer and subcontractor or sending employer about the safety and health by the OSHA, APDW and the contract law. Nowadays, jobs suitable for worker dispatch are widely increased in the service industry. So the regulation about the responsibility and obligation of security of using employer and contractor should be changed from the negative rule to the positive rule for protecting the labor's right under the Constitution Law. The legal basis of these responsibility is derived from 'special contact on the triangle relation of in-house indirect employment by the article 29 of OSHA and the precedent of the Supreme Court. And there are two unsettled problems related with the this area. The one is some core articles of OSHA are not a mandatory provision, The other is shared responsibility of contractor in OSHA covers only 8 industrial section.