사내하도급근로자 가이드라인의 개선과제 — 개정된 산안법의 내용을 중심으로 —

By recognizing the need to improve the working conditions of in-house subcontract workers substantially, since 2011, the Korean government has enacted and operated “Guideline for protecting in-house subcontract workers’ working conditions,” instead of discussing the distinction between in-house subcontracting and dispatch. This guideline seeks to protect and improve working conditions for in-house subcontract workers. Also, for the sake of proper operation, the guideline plays a specific role in forming a social order for the protection of in-house subcontract workers by promoting protection and improvement of the working conditions of the in-house subcontracting workers, and by providing criteria and direction for the original contractor and subcontractor’s compliance and efforts. On the other hand, on January 15, 2019, the “Occupational Safety and Health Act,” which prevents industrial accidents and regulates matters related to workers’ safety and health, was thoroughly revised and implemented. It is worth noting that many of the significant revisions included matters related to in-house subcontracting. Therefore, this study objectively analyzed and reviewed the main contents of the revised Occupational Safety and Health Act, and then examined whether the guideline for protecting in-house subcontract workers should reflect the contents of the reinforced industrial accident prevention measures for contractors. Until the legislative reorganization concerning in-house subcontracting is done, discussions will need to concentrate on in terms of enhancing the effectiveness of the guideline for protecting in-house subcontracting workers.