사내하도급·불법파견 판단의 법경제학적 이해 - 대법원 2015.2.26. 선고 2010다106436 판결을 중심으로 -

The classification between in-house subcontract and dispatched worker is an acute matter because the use of dispatched workers in direct production process in manufacturing is prohibited in Korea, which is allowed in Germany. Furthermore, Korean Supreme Court has stricter standard than German Federal Labor Court about criteria of the classification. Korean Supreme Court stands negative about the in-house subcontract in the production process which uses conveyer belt system, whereas German Federal Labor Court sets no limit on the use of in-house subcontract. Due to the Korean Supreme Court’s strict stance, Korean manufacturing enterprises that run the business with conveyer belt system cannot use in-house subcontract workers, and this deteriorates their global competitiveness. According to the analysis of the occupational labor force survey at establishments and workplace panel survey, the shortage of workforce would rise from current 84 thousands to 462 thousands and the workforce shortage rate may also rise by 12.3%p from current 2.7% to 15.0% when in-house subcontract is practically banned in every way in manufacturing. With the permission of the use of dispatched worker in manufacturing, however, the workforce shortage rate is expected to drop dramatically to 1.0%.