시공참여자의 근로자성 = Determining Whether to Accept or Reject Construction Participants’ Achieving Workers’Status

다국어 초록 (Multilingual Abstract)

In the oligopolistic market structure in which large enterprises predominate the acceptance of construction order, the construction industry is multi-phased: most construction companies are incorporated into the subcontractors of big enterprises and subcontracting construction companies resubcontract small specialty contractor and resubcontracting companies subcontract construction participants over again.
Due to the specialization of construction, another characteristic of the construction industry is that construction is done by construction participants. Allowing for these circumstances, the previous Framework Act on the Construction Industry had the system for “construction participants.” The subcontract phases of this construction work ranges from phase 1 to phase 5; therefore, those who really perform construction work in the last phase are mostly construction participants and daily workers.
Construction companies have performed construction work by making an inexpensive subcontract with construction participants, thereby maximizing the pursuit of profits of the original contractor, and have shifted all responsibilities onto the construction participants when there were any accidents occurred in the course of construction and/or overdue wages. In order to prevent these problems, the system for construction participants was abolished by the revision of Framework Act on the Construction Industry on May 17, 2007. Nevertheless, the practice of illegal subcontracting has still continued on construction sites. In this way, the fact that construction participants take all responsibility as the status of the original contractor and employer has caused social problems such as daily workers’ overdue wages.
Judging from the fact that construction participants perform subcontract work under the direct control, command and supervision of the construction company, and receive labor costs for their work, it is clear that they have workers’ status. Therefore, if the Labor Standards Act is revised to include construction participants in the category of workers, the abrogation of the system for construction participants will settle down.
Since it is illegal to give construction participants subcontract for construction and thus is considered an illegal act, i.e. unlicensed construction, it is required that the administrative agency strictly control and punish this illegal subcontracting. Moreover, since the subcontracting structure tends not to become known to outsiders except site workers, it is necessary to consider introducing the reward system for reporting illegal subcontracting and/or establish a report center on a regular basis. In this way, if legislative improvements are made, the effects resulting from abolishing the system for construction participants on construction sites will appear and be expected to help more in acquiring construction industry workers’ wage claims.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 건설하도급의 현황 및 시공참여자의 역기능
• Ⅲ. 근로자성 여부에 대한 견해와 외국사례
• Ⅳ. 근로자성 배제에 따른 문제점과 근로자성 검토
• Ⅴ. 입법적 개선방안
• Ⅵ. 결론
• 참고문헌
• Abstract