하도급 노동자 보호를 위한 노동법정책에 관한 연구

In compliance with the Governmental policy on transition non-regular workers to regular worker status in a public sector, constant and continuous duties outsourced in a public sector have recently been transitioned to direct employment, however, in a private sector, measures to protect inhouse subcontract workers including promoting direct employment of inhouse subcontract workers have yet to be much improved. However, in a circumstance where dispatching of workers is heavily regulated by the law on dispatched workers, imposing strong legal regulations to protect subcontract workers will definitely give rise to considerable resistance. Therefore, policy-based approach should be taken together with legal and institutional-based approach to achieve the goal of strengthening protection of subcontract workers. When it comes to introducing legal regulations, matters in a less sharp conflict should be legalized first by seeking sufficient consultations with interested parties and making efforts to reach a social consensus. Also, policies that can be instantly put into practice should be established and implemented. On one hand, a plan to eradicate illegal dispatching of inhouse subcontract workers should be formulated by mobilizing administrative force in its enforcement and unfair labor practices infringing three labor rights should be strictly dealt with. On the other hand, employers of the subcontract workers should be provided with incentives to encourage them to take initiatives in improving working conditions of inhouse subcontract workers and transitioning subcontract employment to direct employment. Especially, it is the most urgent need to establish fair and reasonable life and safety standard that can be applied to both public and private sectors by going through the process of forming a social consensus such as collecting feedbacks from interested parties and experts. According to such standard, principle of direct employment should be enforced first from a public sector, which should be extended to a private sector by providing incentives to promote direct employment. As such, when direct employment in life and safety duties becomes a “practice”, a full-fledged discussion on enforcing the principle of direct employment in life and safety duties can be started.