보험설계사의 근로자성 인정의 한계와 노동관련 법률개정안의 과제

Insurance solicitors are regarded as personal business operators who help policyholders and insurers with their insurance contract based on these appointment agreements that the Insurance solicitors would sign with insurance companies. However, in consideration of a type of the Insurance solicitors’business performance, there is this employment’s possibility of being recognized. In particular, a problem there is that the appointment contracts are not maintained when no contract performance is achieved while the insurance companies still urge the Insurance solicitors to conclude insurance agreements based on a private subscription method. While the insurance companies gain a profit called insurance contract conclusion as operating large-scale insurance planner organizations, these Insurance solicitors who have lost competitiveness are vulnerable to legal protection. In relation to such matter, revision of multiple relevant regulations including the Labor Standards Act has been recently proposed to promote the recognition of the Insurance solicitors’employment. But, as far as the Labor Standards Act defines, when compared to laborers, the Insurance solicitors are categorized into a different group by a degree of subordinary employment relationship with either their insurance companies or insurance agencies, wage characteristics of commissions and others. Add to that, the Insurance solicitors are distinguished from these laborers in five other areas for performance types, income systems and so on. In the light of that, this thesis reviewed revised plans submitted to the National Assembly and suggested directions for revision.