사용종속관계의 새로운 기준에 대한 비판적 소고

The concept and standard of subordinate labor relationship plays a role of distinguishing one guoup of employees who are protected by the labor laws with the others who are not. Because, in Korea, there is no statute defining the concept and standard of subordinate labor relationship, it has relied on the cases rended by the Supreme Court of Korea. The Court, however, is divided as to the concept and standard of subordinate labor relationship. Previously, the Court adopted the rule applicable to the employees covered by the Labor Standard Act and many employees were excluded from the coverage by the labor law. Currently, the Court has begun to change its position and adopted new concept and standard of subordinate labor relationship, so called “economic subordinate labor relationship,” The Court criticized the traditional subordinate labor relationship because it is not proper to include the employees under the Labor Union Act which is applicable to the broader scope of workers and of which the purpose is different from the Labor Standard Act., and the court adopte new one. Under the new “economic subordinate labor relationship,” many employees, who are excluded from the coverage of the Labor Standard Act because they are lack of ubordinate labor relationship, have begun to be recognized as employees under the Labor Union Act. The new “economic subordinate labor relationship,” plays a great role for including the formerly unprotected emplyees into pretected ones by the lavor laws. But, it still needs to defined by the statues and cases.