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원청 사용자와 하청 근로자 간 단체교섭 대상 사항으로서 산업안전보건 의제
이재현 영남대학교 법학연구소 2023 영남법학 Vol.- No.57
Recently, a major issue in collective labor-management relations is whether to recognize the primary contractor as a counterparty for the subcontractor’s workers in collective bargaining. Despite the absence of a precedent ruled by the Supreme Court, lower court precedents and examples of adjudications by the Labor Relations Commissions are increasing, and discussions are also intensifying in academia. This study reviewed the industrial safety and health agenda that was mainly mentioned in the lower court ruling and the National Labor Relations Commission’s adjudication. There can be no disagreement on the need to protect the life and health of workers or labor providers. However, an objective approach is needed to determine or implement specific ways to provide protection of workers. Regarding occupational safety and health, it is considered more appropriate to set clear standards by law and increase effectiveness through supervision rather than using collective bargaining. Under this premise, this study suggested how to improve the occupational safety and health of subcontractor workers in ways other than through collective bargaining. The first way is to impose the primary contractor's obligation to make efforts to realize the outcome of negotiations between the subcontractor and subcontractor’s workers. The second way is to have the subcontractor’s workers directly involved in discussing the agenda related to the protection of subcontractor’s workers in industrial safety committee discussions hosted by the primary workers.
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