Earticle

초록

영어

A worker who is required to comply with another person’s instructions regarding when, where, and how to perform the work is ordinarily an employee. Training a worker indicates that the company wants the services performed in a particular method or manner, which also indicates control. Integration of the worker’s services into the company’s core business operations generally shows that the worker is subject to direction and control. Supervising and Paying Assistants. However, a lack of control is indicated when the worker is able to hire his or her own assistants and pay them from the worker’s own funds. If the worker works certain hours set by the company, employment status is indicated. If the company does not control the hours of the worker, independent contractor status is indicated. If a worker must perform services in the order or sequence as determined by the company, the worker is generally subject to an employer’s control. However, if the worker chooses his or her own method for completing a job, a lack of control exists. If the company ordinarily pays the worker’s business and traveling expenses, the worker is ordinarily an employee. If the company furnishes significant tools, materials, and other equipment, an employment relationship is indicated. If the worker does not invest in his or her own facilities, control is indicated because the worker depends on the company for such facilities. A worker who cannot realize a profit beyond an ordinary salary or suffer a loss is generally considered to be an employee.

목차

Ⅰ. 서설
 Ⅱ. 판결에 나타난 사실관계
 Ⅲ. 위장도급판단에 관한 방법론에 관한 의문과 평가
 Ⅳ. 서비스 업무의 외주화와 노동법적 규제 간의 관계
 Ⅴ. 채용과정에서의 개입과 훈련과정지원 등 사실이 갖는 노동법적 의미
 Ⅵ. 지시관계의 ‘구조화’와 ‘일회적’ 지시 ‘사실’의 구별
 Ⅶ. 평가 및 결론
 참고문헌
 

키워드

저자

• 권혁 [ Kwon, Hyuk | 부산대학교 법학전문대학원 교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363