하수급인 근로자의 임금수준 보장방안 = Guarantee of Appropriate Wage Levels to Subcontractor's Employees

다국어 초록 (Multilingual Abstract)

To close the wage differentials between the employees of the big business and the small business at controversial issue in Korea, the Act on Fair Subcontract Transactions should be amended in the direction to guarantee the appropriate wage levels to subcontractor's employees. The details of the amended example may be summarized as follows;
Firstly, the application of the Act on Fair Subcontract Transactions should be extended farther to the contractors who its annual sales is lower than the applied contractor currently.
Second, the regulation of contract between the contractor and the subcontractor should be imposed more strictly than the regulations now in force. For example, the principles of contract should be expressly provided for in the law; drawing up a written contract and using a standard contract form should be are required by law. And it should be demanded that the items, calculation basis, and reduction reasons of the subcontracting cost must be listed on the contract form.
Third, the determination of the subcontracting cost should be regulated more strictly than the regulations now in force. For example, the principles on the determination of subcontracting cost should be expressly provided for in the law; the subcontracting information or data should be obligatorily disclosed.
Fourthly, the prohibition against the unjust reduction of subcontracting cost should be expressly provided for in the law. And the reason of reduction should be strictly restricted.
Lastly, the administrative control of subcontracting trade should be exercised more strictly than now, such as investigation and monitoring of the actual conditions of the subcontracting trade.

목차 (Table of Contents)

• I. 문제의 제기
• II. 하도급거래의 법적 규제
• III. 하수급인의 근로자의 임금수준 보장을 위한 법 개정방향
• IV. 맺는 말

참고문헌 (Reference)

1 공정거래위원회, "투명하고 공정한 하도급거래기반 구축"

2 노동부, "원하청업체간 임금격차 실태분석 및 개선방안"

3 노동부, "산업별 도급구조와 고용관계"

4 임종률, "노동법" 박영사 2008

5 건설교통부, "국정감사자료"

6 공정거래위원회, "2008년판 공정거래백서"

7 대한건설협회, "2004년도 상반기 적용 건설업 임금실태 조사보고서(건설노임단가)｣"