집단적 노동관계법에서 사용자 책임의 확대 : 간접고용을 중심으로 = The Liability of User-Employers in the Collective Labor Relations

다국어 초록 (Multilingual Abstract)

In the multilateral employment relations such as temporary work or employee-dispatching, there are plural employers(the user- employer and the supplier-employer) at the same time. In indirect employment relations the temporary workers have relations with both the supplier-employer and the user-employer. In general it has been argued that the temporary worker has no contract with the user-employer and the user employer has no liability of employer This. legal structure of temporary work make employers evade the liability of employer easily
The judicial precedents have been concentrating on the existence of employment contract between the user-employer and the dispatched worker and Judging the existence of contract by whether the user-employer control a Job "directly and concretely" or not In this viewpoint they can't find the real employment relations in multilateral employment
In the respect of collective labor relations, the temporary workers also have relations with both supplier-employer and user-employer. In many cases, the user-employer control the terms and the conditions of employment Also the user-employers infringe the right of collective labor law such as interfering to organize a labor union or terminating the employee dispatching contract
Therefore in the relation of temporary work, the liability of employers should not be limited as one of supplier-employers. If the user-employers could control the working conditions and infringe the basic right in the collecrive labor relations, they should be interpreted as employers. Also it is necessary to treat the user-employer as a partyof umfair labor practice.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 논의의 범위
• Ⅲ. 집단적 노동관계법에서 사용자 책임의 확대
• Ⅳ. 단결권과 사용자 책임
• Ⅴ. 단체교섭권과 사용자 책임
• Ⅵ. 단체행동권과 사용자 책임