Earticle

초록

영어

The number of workers under the commonly called indirect employment has steadily increased from 1997 in Korea. This is resulted from the hard pressure to cut down the labor costs on the severe struggle for existence of global market in these days. As the result, using employers and sending employers take more profits but, dispatched workers are imposed sacrifice and the risk of industrial safety and health are transferred to the workers in this process. This essay discussed about the indriect employment by investigating two acts. One is the regulations about the obligations of employer about the safety and care on the Occupational Safety and Health Act(OSHA), and the other is Act on the Protection of Dispatched Workers(APDW). The worker dispatch contract means an agreement prescribing worker dispatch between a sending employer and a using employer. If workers working dependently in the using employ's workplace under the instruction, the responsibility of the employer is shared between contractor or using employer and subcontractor or sending employer about the safety and health by the OSHA, APDW and the contract law. Nowadays, jobs suitable for worker dispatch are widely increased in the service industry. So the regulation about the responsibility and obligation of security of using employer and contractor should be changed from the negative rule to the positive rule for protecting the labor's right under the Constitution Law. The legal basis of these responsibility is derived from 'special contact on the triangle relation of in-house indirect employment by the article 29 of OSHA and the precedent of the Supreme Court. And there are two unsettled problems related with the this area. The one is some core articles of OSHA are not a mandatory provision, The other is shared responsibility of contractor in OSHA covers only 8 industrial section.

목차

산업안전보건법상 사내하도급에 관한 사업주 책임
  Ⅰ. 문제의 소재
  Ⅱ. 사내하도급과 근로관계의 존부
  Ⅲ. 하도급과 산업안전법상 안전배려의무 및 법규정의 검토
  Ⅳ. 결론에 갈음하여
  참고문헌
  〈Abstract〉

키워드

산업안전보건법 안전배려의무 원사업주 수급사업주 사내하도급근로자 파견근로자 간접고용 Occupational Safety and Health Act(OSHA) obligation of security using business operator subcontractor dispatched workers under subcontract dispatched worker indirect employment

저자

• 노상헌 [ Roh Sang Heon | 서울시립대학교 법학전문대학원 교수 ]

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