화학물질관리법상 수급인에 관한 도급인의 관리·감독과 책임에 관한 연구

A contract for work does not establish an employment relationship since it aims to complete a certain job and in the course, he/she does not have additional liabilities. Nonetheless, the Chemicals Control Act imposes the management, supervision, and liability of a contractor for work with a subcontractor. In other words, Article 31(2)of the Chemicals Control Act, revised on May 7th, 2013, expressly provides that the subcontractor's offense shall affect the contractor for work and Article 31(4)of the Chemicals Control Act imposes the duty of the management and supervision with the subcontractor on the contractor for work. On the other hand, on the Chemicals Control Act, the management, supervision, and liability of a contractor for work with a subcontractor is stronger and more expansive on the liability than safety and health measures for contract business of Article 29 of the Occupational Safety and Health Act. In fact, the safety and health measures for contract business requires 'any business prescribed by the Presidential Decree', the same place between workers employed by the employer and the workers employed by his/her contractor, and business from which a part is carried out under a contract or business which conducted under a construction consisting of special works'. Under the current law, since the Labor Standards Act, etc does not regulate a duty of care for safety, it is hard that the provision of obligation of safety and health measures for employers under the Occupational Safety and Health Act does not find the grounds. Merely, it is a theory that the obligation of safety and health measures for of employers as an collateral obligation resulting from specially social contacts shall be fulfilled under the good faith doctrine. However, It is doubt to correct logically the fact that a contract for work aims to complete a certain job and while employment relationships are uncertain, the obligation of safety and health measures for employers occurs to subcontractor's workers. As stated above, these provisions can draw a legal characteristic related with the safety and health measures of the contractor for work under the Occupational Safety and Health Act and Chemicals Control Act. As a result, it shall be apprehended that the management, supervision, and liability of a contractor for work with a subcontractor provided by Article 31(2) and (4) of the Chemicals Control Act is generated from 'the duty of cooperation of the contractor for work, regardless of an employment relationship. In addition, if the liability of a contractor for work with a subcontractor is examined as the basis of the management and supervision of a contractor for work with a subcontractor, it is necessary that the order of Article 31(2) and (4) shall be exchanged.