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학술논문노동법학2022.03 발행KCI 피인용 4

사업 네트워크와 사용자 책임

Business Network and Employer Responsibility

강주리(서울시립대학교)

81호, 1~39쪽

초록

Labor laws were created to ensure the dignity of working men and women in industrial societies. When the laws were first enacted, they formalized the standard employment relationships between employers and employees, thereby restoring the humanity of workers whose services had been commoditized in the capitalist labor market. As work relationships took on multilayered and multilateral qualities as business networks were created, various work relationships are now regulated under a market-based system of rules. To strengthen the normative power of labor laws that have protected the human-centered system, it became critical to discuss the legal responsibilities of employers in business networks, which are made in various forms under a market-based rules system. In this context, this paper examines the implementation structure of employer responsibility in a business network under a constitutional order that respects labor rights. In order to expand the scope of labor law and reconstruct the employer's responsibility of business networks, a normative consideration of the reason for the existence of labor law is necessary. To this end, this article examines the history of the formation of labor laws and changes in labor relations following the formation of business networks. Through a review of the implications of guaranteeing universal labor rights by the Constitution and the International Labor Organization, the legal significance of the labor law discipline of the business network was reviewed, and the concept of employers was redefined. Based on this, this paper provided a fundamental perspective on the implementation structure of employer responsibility in a business network under a constitutional order that respects labor rights. It was emphasized that labor laws would develop into a genuinely rules-based system centered around humans by imposing responsibilities on all employers constituting the business network at each stage.

Abstract

Labor laws were created to ensure the dignity of working men and women in industrial societies. When the laws were first enacted, they formalized the standard employment relationships between employers and employees, thereby restoring the humanity of workers whose services had been commoditized in the capitalist labor market. As work relationships took on multilayered and multilateral qualities as business networks were created, various work relationships are now regulated under a market-based system of rules. To strengthen the normative power of labor laws that have protected the human-centered system, it became critical to discuss the legal responsibilities of employers in business networks, which are made in various forms under a market-based rules system. In this context, this paper examines the implementation structure of employer responsibility in a business network under a constitutional order that respects labor rights. In order to expand the scope of labor law and reconstruct the employer's responsibility of business networks, a normative consideration of the reason for the existence of labor law is necessary. To this end, this article examines the history of the formation of labor laws and changes in labor relations following the formation of business networks. Through a review of the implications of guaranteeing universal labor rights by the Constitution and the International Labor Organization, the legal significance of the labor law discipline of the business network was reviewed, and the concept of employers was redefined. Based on this, this paper provided a fundamental perspective on the implementation structure of employer responsibility in a business network under a constitutional order that respects labor rights. It was emphasized that labor laws would develop into a genuinely rules-based system centered around humans by imposing responsibilities on all employers constituting the business network at each stage.

발행기관:
한국노동법학회
DOI:
http://dx.doi.org/10.69596/JLL.2022.03.81.1
분류:
노동법

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