파견법상 직접고용에서 쟁점과 해석 - 현대차사건의 판결을 중심으로 -

Abstract

This article aims to review legal issues connected with legal effects of unlawful dispatch employment in Dispatched Workers Act. It is mainly composed of three parts in a view of contents. The first part is to confirm a claim for direct employment in Dispatched Workers Act. if a using employer uses the dispatched worker period of more than two years, the dispatched worker shall be regarded as employed by the using employer. but, amended by Act Dec. 21. 2006, if a using employer falls any of the following article 6-2(Obligation of Employment), he shall directly employ the dispatched worker. it is necessary to analyze difference and legal effects in an old-new regulations. The second part is to treat working conditions about direct employment of dispatched worker. by new regulations, if a using employer directly employs a dispatched worker, working conditions for the dispatched worker shall be applicable to the working conditions prescribed in employment rules in a worker performing the same or similar kind of work. The third part is to review the first trial about the case of Hyundai Motor Company issued an appeal by many dispatched workers. this case has a burning issue between dispatched worker and using employer in application of Dispatched Workers Act.