노동법 준수에 영향을 미치는 제3자에 대한 규제

Business rationalization due to globalization and economic crisis, Various forms of labor provision that shake the direct employment principle are rapidly increasing. Now that corporates can use labor even if they are not through employment, the existing labor laws based on the standard employment relationship are not functioning sufficiently to guarantee workers' labor rights. It is necessary to revisit the reasons for the labor law's existence to guarantee workers' dignity as human beings and review its regulated targets. In this regard, this paper examines first whether the Labor Law is properly functioning in the problem of poverty and gaps caused by the rapid increase in various types of labor provision, And attempts to present a fundamental perspective for reviewing the regulatory targets of the Labor Law from the perspective of guaranteeing workers' labor rights. This paper reviews international norms on corporate network regulation. It looks at US public procurement and third-party regulatory provisions that affect compliance with labor laws, focusing on their regulatory basis and regulatory methods. Through this, it attempted to re-establish the subject of labor law regulation from the perspective of guaranteeing workers' labor rights and examining the possibility of expanding the labor law. The implications of the UN Guiding Principles on Business and Human Right and the public procurement and third-party regulatory regulations in the United States for reconsideration of regulatory targets in Korea are that violations of the labor law arise not only from the employers but also from the influence of third parties, so it is challenging to guarantee workers' labor rights. Based on this, it regulates third parties who are able to profit from and prevent employers' violations of the labor law. As all working relations do not result in employment relations, the current subordination-based labor law does not sufficiently guarantee labor rights. Labor laws should go beyond employment relations to guarantee workers' labor rights. It is necessary to discuss the labor law's extension by making employer regulation based on employment relations an integral part of the labor law and expanding the subject of regulation to third parties that influence employers' compliance with the labor law guaranteeing labor rights. In this paper, as a regulatory measure for third parties affecting compliance with labor laws, the central and local governments as model employers proposed to ensure the compliance of employers with labor laws through public procurement and to improve labor conditions. Furthermore, third parties have the power to induce labor rights violations and gain profits by making losing contracts and substantially prevent employers from violating labor laws. On this basis, this paper proposed that third parties be held responsible for ensuring compliance by employers with labor laws.