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The relationship between the prime contract user and the subcontract workers is based on contract for any construction work, rather than a direct employment contract. Therefore, as workers of the subcontractors, the subcontract workers are only the performance supporter to implement subcontract liability of prime contract company. But subcontract worker actually is transferred to labor group by sharing that work systematically to conduction of the prime contract company business. Therefore, in the between prime contract company and subcontract worker, there are labor offer relationship akin contract relation not contract of employment and in such a limit, it is possible to conceptualize that the person directly involved contract of employment. So, It is not meaningless thing to explain the labor offer relationship between the prime contract user and the subcontract workers. We should see that as members of the business performance community, subcontract worker, prime contract worker, and between user of prime contract and subcontract they bear high degree of cooperating duty. worker and user of prime contract aim diligent maintenance and subcontract worker is for full achievement of the contract objectives. It is finally positive when it is possible to consultation of various working conditions about all the circumstances for implementing cooperation duty. If it is subcontract relationship, in subcontract work performance process, all workers should be considerate mutually and participate in management is done in a reasonable range as one of the business partners. Today, production through the division between the two companies is often made. In this case, Occupational health and safety system need to accept the concept of production community. escaping from framework of a contractual relationship. That is, all personnel involved in the production community should be seen as having the property as a right subject and a obligation subject of occupational safety and health obligations system. It includes temporary position such as fixed term employment and subcontract worker, workers in special employment, and self-employed workers. In this respect, it is worth consideration that measure of enumerate clearly, but regulate bigly concept of employee.

목차

Ⅰ. 서설
 Ⅱ. 산업안전보건법 체계 하에서의 ‘수규자’와 ‘국가’의 지위
 Ⅲ. 산안법의 수규자로서 원하청근로관계 당사자의 개념범위 재평가
 Ⅳ. 산업안전보건체계에서의 하청근로자 참여 모형 계발 필요성
 Ⅴ. 결론
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키워드

외부인력 도급계약 위장도급 근로관계의 편입 근로자 개념 노사협의회 Fremdpersonal Werkvertrag Scheinwerkvertrag Eingliederung Arbeitsnehmerbegriff Bertriebsrat

저자

• 권혁 [ Kwon, Hyuk | 부산대학교 법학전문대학원 교수(부교수), 법학박사. ]

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