도급과 파견근로계약의 노동법적 쟁점에 관한 소고

Recent non-regular employment insecurity and discrimination matters was shared by all citizens in the discussion, in the political arena for the protection of the vulnerable, often cited was. In February 2012,the Supreme Court case of Hyundai Motors (Ulsan Plant) and the Hyundai Motor Company in-house subcontracting is illegal dispatch in-house subcontracting workers are determined to be seen as a full-time because of the ruled. Manufacturing in-house subcontracted workers due to the Supreme Court put an end to the debate about the legal status of labor. Order to be discussed in this paper are as follows. First, the legal issues of labor contractors and temporary agency work contract, on dispatch law enforcement after the issue was with regard to the in-house subcontracting Hyundai Motors (Ulsan Plant) Case precedent is a representative selection. Precedent for an overview of the case, the remedy for that lapse, the meaning and limits of the legal judgment, judgment shall organize (Ⅱ). Contractors and dispatch of these modern automotive practices in the fierce quarrel that had legal issues labor workers was implied contractual relationship established to examine whether or not, whether in-house subcontracting agency work and legal effect, whether for illegal dispatch divided. Legal effect is not considered the application of the provisions of employment, illegal dispatch employment obligations apply, and the formation of the working conditions are (Ⅲ). And look at the plan for the maintenance of non-regular employment legislation on these issues. We shall review the amendment of pagyeonbeop Contractors dispatch labor contract relationship of labor and legal issues (Ⅳ). Finally, the conclusion summarizes the results of the discussion (Ⅴ). Glad if you can find the paper to dispatch through contractors and individual companies can operate reasonably plan accordingly. Flexible employment market, in order to enhance the competitiveness of enterprises, it is necessary to also. To this end, there is a need to develop a maintenance plan for on dispatch of non-regular employment legislation (dispatch laws). Subcontract workers protection policies,while minimizing the burden of the corporate and government should prepare In-house subcontracting companies should strive to operate reasonably. The tripartite relationship of understanding between sharpening, and the more important labor issues, serious efforts are needed to achieve social consensus.