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전문직 종사자의 근로자성에 관한 연구 - 연예인을 중심으로 -
A Study on the Professional workers of Labor Law - Focusing on Entertainers -

  • 간행물
    동북아법연구 KCI 등재 바로가기
  • 권호(발행년)
    제5권 제1호 (2011.05) 바로가기
  • 페이지
    pp.395-443
  • 저자
    하태희
  • 언어
    한국어(KOR)
  • URL
    https://www.earticle.net/Article/A177215

원문정보

초록

영어
Professional workers(entertainers)' exclusive contracts may be defined as an atypical contract including and consolidating legislative characteristics such as employment, subcontract and delegation. In particular, this kind of contract strongly shows the nature of the exclusive engagement. Application of Labor law in exclusive contract totally depend on entertainers' restriction on status; in other words, the practical degree of employed subordinate relationship between the entertainers and the management agency is decided by specific contents of each entertainer's individual contract. National Labor Relations Act has to be applied due to the acceptance of employees of entertainers because most of the entertainers generally have employed subordinate relationship with the management agency. Therefore, entertainers' position as an employee should be accepted so that the protection under National Labor Relations Act could be applied. In the case of Korea and other countries, the standard of judgement about an employee has been developed by former cases according to the specific issues. Standard of judging and defining the employee is now necessary because of the appearance of the various occupational clusters in our traditional industrial society which will also lead to the flexible definition of the employee. Based on current trend, this study has looked after the ways of improving entertainers' protection under National labor Relations Act. Entertainers are definitely employees, but because of the unique characteristics of the show business, complete application of the provisions of National Labor Relations Act can be very difficult. Definition and standards of entertainers' unique subordinate relationship have to be clearly defined, and entertainers must secure their position through the legislation.

목차

Ⅰ. 문제제기
 Ⅱ. 전문직 종사자(연예인)의 전속 계약 실태와 문제점
 Ⅲ. 전문직 종사자(연예인) 전속 계약에 대한 몇 가지 검토
 Ⅳ. 전문직 종사자(연예인)의 근로자성 판단
 Ⅴ. 외국에서의 사례
 Ⅵ. 연예인의 처우를 위한 개선방안
 Ⅶ. 결론
 참고문헌
 Abstract

저자

  • 하태희 [ Ha Tae-Hee | 전북대학교 박사과정 수료 ]

참고문헌

자료제공 : 네이버학술정보

    간행물 정보

    • 간행물
      동북아법연구 [Northeast Asian law journal]
    • 간기
      연3회
    • pISSN
      1976-5037
    • 수록기간
      2007~2026
    • 등재여부
      KCI 등재
    • 십진분류
      KDC 369 DDC 341