인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Existing theories and precedents judge employees under the Labor Standards Act based on “unitary” standards. In other words, among all workers, only typical employees who have a significant subordinate relationship with the employers (users of labor) are judged as employees under the Labor Standards Act. However, if a employees are judged according to “unitary” standards without considering the specificity of individual provisions under the Labor Standards Act, the scope of employees can be narrowed because it is judged based on the strongest discipline and protection.
Therefore, this article examines whether it is possible to judge employees under the Labor Standards Act “pluralistically” in consideration of the purpose, content, method, necessity of protection and discipline of individual provisions under the Labor Standards Act. In other words, this article examines the possibility of “the concept of pluralistic employee.”
In the Commercial Act and the Fair Transactions in Franchise Business Act, franchisees are in the position of “independent merchants” or “independent self-employed”. However, franchise operates on the basis of “standardization” to secure unity of the franchise business and “guidance and control” of the franchisor. Therefore, the franchisee is under considerable control of the franchisor and cannot operate the franchise entirely freely at his own discretion. Franchisor establishes a business relationship with the franchisee, but actually secures employment relationship.
Just because the franchisee is legally or formally an independent self-employed, makes a business contract with the franchisor, invests capital or hires workers, does not mean that the Labor Standards Act cannot be applied to the franchisee.
This article examines the applicability of the Labour Standards Act to franchise business based on “the concept of pluralistic employee”. In other words, this article examines whether franchisee who is actually performing franchise operation under the Fair Transactions in Franchise Business Act, the franchise agreements and the standardization control systems of the franchisor can be subject to protection and discipline under the Labour Standards Act based on “the concept of pluralistic employee.”
Therefore, this article examines whether it is possible to judge employees under the Labor Standards Act “pluralistically” in consideration of the purpose, content, method, necessity of protection and discipline of individual provisions under the Labor Standards Act. In other words, this article examines the possibility of “the concept of pluralistic employee.”
In the Commercial Act and the Fair Transactions in Franchise Business Act, franchisees are in the position of “independent merchants” or “independent self-employed”. However, franchise operates on the basis of “standardization” to secure unity of the franchise business and “guidance and control” of the franchisor. Therefore, the franchisee is under considerable control of the franchisor and cannot operate the franchise entirely freely at his own discretion. Franchisor establishes a business relationship with the franchisee, but actually secures employment relationship.
Just because the franchisee is legally or formally an independent self-employed, makes a business contract with the franchisor, invests capital or hires workers, does not mean that the Labor Standards Act cannot be applied to the franchisee.
This article examines the applicability of the Labour Standards Act to franchise business based on “the concept of pluralistic employee”. In other words, this article examines whether franchisee who is actually performing franchise operation under the Fair Transactions in Franchise Business Act, the franchise agreements and the standardization control systems of the franchisor can be subject to protection and discipline under the Labour Standards Act based on “the concept of pluralistic employee.”
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2022-336-001070145
