현대자동차 사내협력업체 불법파견(위장도급) 사건 판례 평석

The enterprise to use workers often enters into subcontract instead of employment contract for the performance of their own activity with a view to evade legal obligations. Then the subcontractors are usually very small enterprisers or even with little economic entities. In many cases the contractors are user enterprisers of temporary work or concealed employers which practically determine the terms and conditions of employment of the subcontractors’ workers and order them to work. Particularly in labor subcontracting arrangements, subcontractors’ employees perform work together with contractor’s employees within the same work places. In such a situation, the workers’ legal status are very precarious because it is not obvious whether legal relations between three parties are temporary works or subcontracts. Therefore it’s necessary to treat the contractor that benefits directly from the labor or service of the worker and actually dominates or influences most conditions of employment as a party of employment contract relation or user enterpriser of temporary work. In this respect, it seems to be very meaningful as a first case that the Supreme Court has decided that temporary work relationship existed between the contactor(Hyundai Motor Company) and subcontractor’s employees to work for the contactor.