민간위탁 노동자 근로조건 보호 가이드라인의 법적 쟁점과 한계

The government of the Republic of Korea announced Direction of Contracting-out Policy on Feburary 27, 2019 and Guidelines for protection of working conditions for contracting-out workers on December 4, 2019. It is significant in that it was the first to prepare a labor policy for contracting-out workers. This guidelines are informal administrative functions. However, their main content will be effective as a contract. It is expected to prevent the use of fixed-term workers through a short labor contract period and contribute to job security through employment succession. However, the demand for the same labor contract period as the contracting-out period is similar to the recruitment-type worker dispatch. It removed the opportunity to hire a non-fixed term employee. And it is silent about whether the government is an employer under the labor law. There is a problem that distinguishes between contracting-out workers and service contracts workers. In principle, it is appropriate that the government does not intervene in determining working conditions. However, if the government has presented guidelines, it must be continuously updated.