전자수리서비스 업종에서의 불법파견 관련 하급심 판례 재검토 — 서울중앙지법 2017. 1. 12 선고, 2013가합53613 판결을 중심으로 — (Legal issue on the subcontrating in der electricservivices)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 40권 / 55 ~ 77페이지
· 저자명 : 권혁

초록

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.

영어초록

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.

참고자료

· 없음