근로자파견관계 당사자 변경과 사용사업주의 직접고용의무

In the sense that the worker dispatch relationship is also one of the legal relationships, it will be said that in the event of a change in the party concerned, the legal relationship should be understood as a different legal relationship from the previous one However, considering that the purpose of the dispatch law is to protect dispatched workers, and that maintaining the worker dispatch relationship for a certain period of time is a requirement for recognizing illegal dispatch, and for generating direct employment obligations by employers, it is necessary to determine the change of parties in the worker dispatch relationship more strictly than that in other legal relationships. If the dispatched business owner has changed so as not to create a direct employment obligation for the employer, this is not a genuine change of meaning. And As the employer is a party to the direct employment obligation, the legal relationship is also changed when the change occurs. But if that is the purpose of avoiding the application of the law, it should be denied.