파견근로자에 대한 사용사업주의 직접 고용의무 고찰

The aim of the Protection of Dispatched Worker Act is a dispatched worker`s stable employment. According the Protection of Dispatched Worker Act, User-Employer has the obligation of direct employment for Dispatched Worker, if the Employee-dispatching is illegal. Before Amendments, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. The Right dispatched worker has to user-employer is right of claim in private law. A dispatched worker for the direct employment of the employer obligations is problem between user-employer and a dispatched worker. So the temporary work agency shall send nothing to do with it. If user-employer doesn`t fulfill his obligation, using dispatched workers can claim employment obligations to the user-employer. Dispatched workers also can file a lawsuit against user-employer. And the employment relations between the dispatched workers and user-employer is confirmed, according to a court ruling of employment. Dispatched workers also claim for damages about direct employment of the employers default. The scope of damages that can charge user-employer the dispatched workers directly employed when the wages of large sum will be called.