민간위탁에서 지방자치단체의 노동법상 사용자성

Since the beginning of the local autonomy system, the environment surrounding local governments has changed drastically. Even in this situation, local governments should provide various public services normally. Therefore, local governments are carrying out a number of public services through external labor force. It is the contracting-out that plays an important role in the public service. The contracting-out is a type of indirect employment. It is questionable whether the local governments is a real employer under the Labor Law. However, there is a limit to applying the legal principles of the Supreme Court to the contracting-out. Because the dominant-subordinate relation of local government and employees of the delegation agencies is different from that of the private sector. Therefore, It is necessary to improve the contracting-out system. Local governmentsshould carry out their roles and responsibilities as a real employer. To do so, the LOCAL AUTONOMY ACT, LOCAL PUBLIC ENTERPRISES ACT and related Municipal Ordinances must be revised so that local governments can become bargaining parties in the collective labor relations.