골프장 캐디의 근로자성 인정 여부에 관한 법적 검토 (A Legal Review of whether the Caddie is a Worker or Not)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 75호 / 99 ~ 139페이지
· 저자명 : 노호창

초록

The question of whether or not a labor provider’s legal status is a worker under the labor law, has been discussed for a long time. That issue will continue to be controversial as the form of providing labor is being newly changed. Especially, the legal status of contractual labor providers like caddie has been continuously questioned.
Today, golf caddie is one of the types of labor providers whose legal status is controversial. However, when it comes to golf caddie, there has been a sharp conflicting trend in law courts regarding whether or not caddies are recognized as workers under the Labor Standards Act and the Trade Union and Labour Relations Adjustment Act. The Supreme Court case still does not recognize Caddie as a worker under the Labor Standards Act, but recognizes it as an independent contractor.
In this paper, I tried to analyze the precedents related to the caddie and to show in-depth the actual condition of the caddie's work. After that, I critically reviewed whether there are any problems with the criteria of worker of the Supreme Court precedent, and attempted to evaluate the legal status of the caddie from a normative point of view.

영어초록

The question of whether or not a labor provider’s legal status is a worker under the labor law, has been discussed for a long time. That issue will continue to be controversial as the form of providing labor is being newly changed. Especially, the legal status of contractual labor providers like caddie has been continuously questioned.
Today, golf caddie is one of the types of labor providers whose legal status is controversial. However, when it comes to golf caddie, there has been a sharp conflicting trend in law courts regarding whether or not caddies are recognized as workers under the Labor Standards Act and the Trade Union and Labour Relations Adjustment Act. The Supreme Court case still does not recognize Caddie as a worker under the Labor Standards Act, but recognizes it as an independent contractor.
In this paper, I tried to analyze the precedents related to the caddie and to show in-depth the actual condition of the caddie's work. After that, I critically reviewed whether there are any problems with the criteria of worker of the Supreme Court precedent, and attempted to evaluate the legal status of the caddie from a normative point of view.

참고자료

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