Earticle

초록

영어

In a situation that is diversifying the form of dependency, whether the position as employee under the Labor Standard Law or not, there is big issue. It is important that they will be applied labor law or social security law. This is a review of approaches to the workers’ concept problems in korea. In Germany, similar worker is acknowledged due to the need for social protection and economic protection. But they is not applied Labor Law, but other laws. The Supreme Court ruling on the basis of typological way of human dependency (employment dependencies relations) lists its own individual test criteria, then maintains the attitude of identifying whether the actual employment relationship exists in each specific cases regardless of the type of contracts. The court has been applied the concept of employee from a view of labor law, because workers are not equivalent to a business. In these cases, must be respected by the contents what the parties had intended. However, we can not help but be suspicious the judgement and we hope that is not being done for purely economic reasons. In 2006, The supreme court judged in terms of ‘a considerable guidance and supervision’ as well as ‘Specific guidance and supervision’, in judging the concept of the worker. And the supreme court was regarded as a secondary element the indicators to do the business in their dominant position. If The supreme court is intended the employee’s concept of expansion due to economic protection, the court’s judgement in 2006 will be continued. In spite of that there are the judgements which is judged from the previous criteria-Specific guidance and supervision. The court’s judgement depend on that the court chosen what criteria. The court must judge a employee concept by the unified indicators, and court remains firmly of the view that is judge whether employee or not.

목차

Ⅰ. 들어가는 말
 Ⅱ. 현행법상 근로자 개념과 근로자성 판단의 문제
 Ⅲ. 대상판결의 내용 및 유사사건의 판결 검토
 Ⅳ. 근로자성 판단지표에 따른 단전원의 노무제공관계 분석과 유사사건 판례와의 비교 검토
 Ⅴ. 독일에서의 근로자 개념과 근로자개념 판단지표와 시사점
 Ⅵ. 맺는 말
 참고문헌
 Abstracts

키워드

특수고용관계종사자 단전업무종사자 사용종속관계 근로자 개념 유형적 분류 부수적 지표 Those who are engaged in subordinary employment relationship Those who are engaged in the disruption of electricity supplies Subordinary relationship in Employment The conception of Employee typological classification Incidental index

저자

• 김희성 [ Kim, Hee-sung | 강원대학교 법학전문대학원 교수. ]
• 한광수 [ Han, Gwang-soo | 강원대학교 법학전문대학원ㆍ충북대학교 법학전문대학원 강사. ]

참고문헌

발행기관

간행물