노동정책 실현을 위한 공공조달의 활용 그리고 제3자 규제

Caused by intensifying competition due to globalization, the enterprise are using labor force by utilizing network structure and external labor force. The current labor law based on the employment relationship (legal personality) with the parties to the employment contract acts as a motivation for the company to externalize responsibility for employment. It is causing many normative problems. As the nature of employment changes, there is a growing need to regulate it by focusing on the third-party that affect employment relationships beyond contracts and legal personality. In addition to arguing who is the employer and taking responsibility for employers, discussions are needed on third party regulation to prevent labor costs from being used as a factor in competition and to reduce incentives to avoid employment. This paper looks into public procurement as a means of third-party regulation for the realization of labor law. First, review the international norms on labor clauses in public contracts. Federal law and the Los Angeles City's Labor Condition-linked Public Procurement Ordinance focuses on purposes and grounds that it regulates employer and the third parties, and analyzes implications for Korea.