Under the civil law system, the individuals were regarded as free and equal each other. Accordingly, employees had equal position with their employer and the Government had the position not to engade in their labor relations. However, it has revealed that labor relations were not equal and free. The emplyees had no choice but to sell their labor in order to survive and to work under employer’s control and direaction which is called as subordinate labor relationship. The Government has begun to protect the employees who were under subordinate labor relationship with their employers by enacting the labor laws. The employees who were not in the subordinate labor relationship were not protected because they were regarded as free and equal and did not need any protection.
In this respect, is very important because it plays a role of distinguishing one group of employees who are protected by the labor laws with the other group who are not. In korea, there is no statute which describes the concept and standard of subordinate labor relationship and only the relevant cases explain it. But, many cases do not render the unified position as to the concept and standard of subordinate labor relationship and they have several separate positions. The courts have rendered different positions between labor union law and labor standard law and between one employer and dual employers. The concept of subordinate labor relationship should be established by enacting the proper statutes.