근로형태의 다양화와 노동법의 대응

The management techniques for diversifying working types in management have been developed and used in practice, but management has a different area of interest compared to labor law. In other words, management is not interested in the various legal issues that arise from working relationships, so ultimately there are clear limits to the protection of workers. Therefore, changes in the working contract relationship and the protection of the worker concerned due to contract subcontracting are not areas of management but areas of labor law. Nevertheless, considering the results of research in the field of labor law so far, it is true that the labor law's reasoning under the premise that the labor contract forms a working relationship, but under the condition of establishing a working relationship through contract or contract of attorney, has actually not been carried out properly. Therefore, it will be necessary to reexamine the system of the Korean Labor Law, which has developed around job security and improvement of working conditions through legal examination of diversification of working types, such as subcontracting of labor contracts in the future. It will also be necessary to lay the basis for labor law management techniques in management studies that seek to diversify their work forms, and to present legislative solutions that are faithful to the fundamental purpose of the labor law, namely worker protection.