대규모유통업 분야에서 판촉사원의 파견 및 인건비 분담에 관한 소고

Under the Act on Fair Transactions in Large Franchise and Retail Business(hereinafter, “the Act”), a large franchise and retail business operator(hereinafter, a“large distributor”) is prohibited from requesting a supplier to dispatch labor resources unless such dispatch meets certain conditions where a dispatch is exceptionally allowed. Further it would be necessary to specify conditions where a dispatch is exceptionally allowed according to types of transactions and dispatch between a large distributor and a supplier. In case of a direct purchase transaction, the dispatch of a supplier’s employees should not be allowed in any case. In case of special conditioned purchase, a large distributor has a tendency to request a supplier to dispatch employees in order to reduce its product management cost. Special conditioned purchase is noted as a widely accepted transaction type in the large distribution business. Likely, there is concern that labor dispatch could be regarded not only as unfair in conflict with the Act but also illegal practice in breach with the Labor Dispatch Act. The nature of the labor costs of the dispatched staff may vary depending on whether the large distributor uses the sales staff continuously or repeatedly. If the promotional sales staff were only sent to one-time promotions, the labor costs for these employees would be characterized as promotional sales costs. However, if a retailer has continuously and repeatedly used such dispatched staff for promotion and further manages the attendance of the dispatched employee, then it should be considered that the working relationship is established under the Labor Dispatch Act. In such a case, the labor costs of the dispatched staff should be approached in terms of wages for workers, not sales promotion costs.