건설업 특수고용노동자의 실태와 개선방안

Abstract

‘Laborers in the Special Employment’ in construction industry are professional personnel in charge of construction work performed by equipment in the construction site. The representatives among ‘Laborers in the Special Employment’ in construction industry are ‘Laborers in the Special Employment’ related to transport by Dump truck and ready-mix truck. For ‘Laborers in the Special Employment’ in construction industry, the employment contract method was changed from existing labor contract to commercial contract by introduction of flexible policy for labor in companies(outsourcing), which means that ‘Laborers in the Special Employment’ in construction industry become self-employed business people in the position of contract. Especially, since Financial crisis, Korean Construction Workers' Union(KCWU) of 2001 and Dump truck solidarity of the year 2004 induced conflicts between laborers and employers, laborers and government by developing general strike insisting guarantee of the right to live - KCWU was composed of drivers for ready-mix truck among construction equipment. But a case study on application of foreign legislation for improvement of system to Korea has been concentrated centered on existing labor law realm. And study results were accumulated much. Such results were reflected in discussions about guarantee of labor fundamental right for ‘Laborers in the Special Employment’ in construction industry. But the studies have a limitation that the studies were focused on requirements of aspects of laborer in labor law. Accordingly, this study did not approach individually centered on workers of dump truck and ready-mix truck among ‘Laborers in the Special Employment’ in construction industry but approached construction industry from integrated view. And this study analyzed improvement scheme in legal system of construction industry based on trend of construction industry, reality of ‘Laborers in the Special Employment’ in construction industry, issue related to labor of construction industry etc. With the analysis results, this study tried to explore subjective roles of government, capital, and trade union for ‘Laborers in the Special Employment’ in construction industry. First of all, ‘Laborers in the Special Employment’ in construction industry carry out construction works in the most front but they are a group at the vulnerable bottom stage which is not protected. Users of labor such as construction companies or manufacturers of ready-mix cement deny the aspects of laborer for ‘Laborers in the Special Employment’ in construction industry who are truck owners and at the same time, drivers. And they concentrated their efforts to neutralize labor union. Accordingly, to relieve argument about recognition of aspects of laborer, it is necessary to legislate for guarantee of fundamental right of labor for ‘Laborers in the Special Employment’ in construction industry. And in order to guarantee life for ‘Laborers in the Special Employment’ in construction industry, it is also necessary to improve system like abolition of illegal multilevel meditation system, legislation of wage, duty of direct construction, and control of supply and demand of construction equipment which is most important.