노동 외주화에 대한 법정책적 대응방안

This article shall discuss the standards for distinguishing temporary agency work and true subcontracting, followed by a review of legal and policy considerations for true subcontracting, temporary agency work and self-employed workers. In relation to distinguishing Subcontracting and Temporary Agency Work it should be clarified for what purpose sub-indicator are used as tools, and accordingly, separate sub-indicators into core indicator and additional indicators. In addition to this the decision on whether in case for temporary agency work can be established should be based on the existence of person-related direction based on temporary agency work rather than object-related direction based on subcontracting. Concerning True Subcontract Relations contractor and subcontractor should be jointly accountable for a worker employed by the subcontractor. Furthermore it is necessary to establishment of a System for Industrial Collective Bargaining, because it is realistically impossible to improve the Working conditions of a worker employed by a subcontractor without the cooperation of the contractor. Within a system of industrial collective bargaining, workers employed by contractor and workers employed by subcontractors would establish a single union(industrial union) and in response, the proprietors of contractors and subcontractors would organize an employer’ group for jointly engaging in collective bargaining and the resulting collective agreement would binding for all interested parties which participated in the bargaining including the contractor. Measures for the participation of temporary agency workers in Labor-Management Councils established at the workplace of the user company should also be considered. Futhermore if the system of a single window for collective bargaining were to be maintained, a system to allocate seats to minority groups such as atypical workers including temporary agency workers should be introduced, as there is a need to improve the system of a single window for bargaining based on winner-takes all. In order to raise the effectiveness of discrimination remedy systems, the right to apply for remedies should also be given to unions and the selection of the subject for comparison should be more flexible. For example, there is a need to supplement the system to enable the application of hypothetical subjects for comparison. Regarding to Self-Employed Workers the author believes that it would be ideal to solve labor law issues for group along the boundary through laws on collective labor relations. To find solutions for labor law issues, I believe that distorted institutions contradicting the general principles of labor laws and the Constitution should be returnde to their original intent rather that applying a Copernican mindset shift.