워킹그룹의 포착과 법적 보호의 방향

Working group, defined as people different from typical laborer but work dependantly related with someone or work autonomously has been continuously increasing. Under traditional labor law, laborers are protected inside labor law when they have conflict with their employers. But working group, those who provide their workforce other than ‘labor’ not as laborers are not protected by labor law. Those who provide workforce other than ‘labor’ are defined as working group and are divided into contract laborers, professional workers, volunteers and self employed. Thus, although labor law is a laborer protection law, protection availability must be defined flexibly according to its dependency level instead of defined rigidly according to only its existence of dependency. Therefore, working group is classified as exclusive contract laborers – free lance contract laborers - professional workers - volunteers – self employed according to Korean Standard Classification of Occupations which applies occupational structure change in labor market of Korea. Working group work similar to regular employees but in principle, working group is out of labor law boundary so, they are not protected by minimum wages or general labor standards. So, area to regulate under labor law or social security act and area to resolve under economic law should be defined as well as unified solution method for the protection of working group. Furthermore, unified protection is needed at least according to the basic contents which are i) wages(standard price), ii) social safety net(occupational health and safety insurance), iii) standard contract system and standardized agreement, iv) collective profit represent Conclusively, 21st century’s labor law is expected to expand its area of labor law’s application and emerge into civil law, commercial law and economic law.