노동3권의 주체로서 근로자개념과 특수고용노동자

다국어 초록 (Multilingual Abstract)

There is no such a category as semi-autonomous labour in korean labour law system as in Germany or Italy, nor certain professions submit to the partial application of labor law as in France. The independent labour which depends economically on one or more orderer, should be distinguished from totally independent entrepreneur which is subject entirely to the rules of civil law or commercial law. The independent labour is to be given a legal status that guarantees collective rights as freedom of organization, the right to collective bargaining and the right to strike. Those rights can help ensure that the dignity of the worker is preserved and that workers are not subjected to arbitrary or unfair treatment by their user.
As ILO's Freedom of Association Committee recalled, all workers, with the sole exception of members of the armed forces and police, should have the right to establish and to join organizations of their own choosing. The criterion for determining the persons covered by that right is not based on the existence of an employment relationship. Independent workers, therefore, as well as self-employed workers in general or those who practise liberal professions should enjoy the right to organize, to bargain effectively and to participate freely in the industrial action.