원·하청 공동 산재예방활동 촉진을 위한 도급인의 지시권 행사의 보장 필요성 - 위장도급에 관한 판결을 중심으로 -
Study on the need to ensure contractor's right to direct to promote joint industrial accident prevention activities ― Focusing on illegal dispatch cases in South Korea. ―
나민오(산업안전보건연구원); 박원아(고용노동부)
46호, 65~99쪽
초록
Active safety management by contractors in in-house subcontracting helps prevent industrial accidents of subcontractor workers by increasing the subcontractor's capacity and willingness to participate in safety and health management. Therefore, it is necessary to promote joint activities to prevent industrial accidents with subcontractors and ensure the rights of contractors to play a more active role. However, contractors may be reluctant to play an active role because joint industrial accident prevention activities with subcontractors may be viewed as illegal dispatch. This study examined cases in which the active role of contractors influenced the establishment of illegal dispatching, and proposed ways to ensure the authority of contractors and activate their role for effective industrial accident prevention.
Abstract
Active safety management by contractors in in-house subcontracting helps prevent industrial accidents of subcontractor workers by increasing the subcontractor's capacity and willingness to participate in safety and health management. Therefore, it is necessary to promote joint activities to prevent industrial accidents with subcontractors and ensure the rights of contractors to play a more active role. However, contractors may be reluctant to play an active role because joint industrial accident prevention activities with subcontractors may be viewed as illegal dispatch. This study examined cases in which the active role of contractors influenced the establishment of illegal dispatching, and proposed ways to ensure the authority of contractors and activate their role for effective industrial accident prevention.
- 발행기관:
- 노동법이론실무학회
- 분류:
- 법학