위법한 파견과 직접고용에 관한 쟁점 및 해석

Abstract

The Protection of Dispatched Worker Act(hereafter the PDWA) in Korea was effective started July 1. 1998. Especially, in the Article 6(dispatch expire) of the PDWA, the dispatched worker shall be regarded as employed by User-Employer of him after two years expires. but, in the Article 6(dispatch expire) amended and was effective starting July 1. 2007. of the PDWA, User-Employer must employ Dispatched Worker after two years expires. and in amended Article 21(prohibition discrimination), Supply-Employer and User-Employer of Dispatched Worker should not discriminate him in comparision with User-Employer'employee in working conditions. This article is composed of 3 major parts as followings. The first part is principal contents in the amended PDWA. this is about scope and period of dispatch work, prohibition discrimination in working conditions. and employment-necessity of User-Employer for Dispatched Worker. This is to treat Type and Legal Issues with Dispute of the Multilateral Employment and Collective Labor Relations in the NLRC and Supreme Court in recent years. The second part treats types and contents about duty-employment of User-Employer after two years expires. especially, when he employ Dispatched Workers, review that they take working conditions and types-employment from him. This is to treat Type and Legal Issues with Dispute of the Multilateral Employment and Collective Labor Relations in the NLRC and Supreme Court in recent years. The last part is a conclusion about review of duty-employment of User-Employer in the amended PDWA. and, predict that it effects a change about employment-types and working conditions for subcontract-worker. The last part is Conclusion. Its propose a Plan or Scheme for Resolution of Problems in being produced Multilateral Employment Relations.