CAJ | 학술논문

劳务派遣堪称非典型劳动关系的典型代表。在我国，劳务派遣的孕育、发展有其独特的逻辑脉象，劳务派遣在发展实践中显示出真假面相相间、利弊结果皆存之复杂样态。劳务派遣与典型、传统的劳动关系之显著区别在于基于雇佣与使用离分的转变：由一份契约、两方主体到两份契约、三方主体的转变。劳务派遣承载着消弭传统雇佣模式下诸多待解决问题之使命，但在实践中，各种假劳务派遣现象层出不穷，其是雇主以合法形式掩盖规避法律目的的行为。劳动正义的实质是一种价值规范的概念，劳动正义旨在解决人作为劳动主体如何在劳动中依据劳动而得其应“所得”而进行的制度安排。就实现劳动正义而言，可分为三种路径，即劳动正义实现的内发型进路、外发型进路及混合型进路。
노무파견감칭비전형노동관계적전형대표。재아국，노무파견적잉육、발전유기독특적라집맥상，노무파견재발전실천중현시출진가면상상간、리폐결과개존지복잡양태。노무파견여전형、전통적노동관계지현저구별재우기우고용여사용리분적전변：유일빈계약、량방주체도량빈계약、삼방주체적전변。노무파견승재착소미전통고용모식하제다대해결문제지사명，단재실천중，각충가노무파견현상층출불궁，기시고주이합법형식엄개규피법률목적적행위。노동정의적실질시일충개치규범적개념，노동정의지재해결인작위노동주체여하재노동중의거노동이득기응“소득”이진행적제도안배。취실현노동정의이언，가분위삼충로경，즉노동정의실현적내발형진로、외발형진로급혼합형진로。
Non typical representative of the typical labor relations labor dispatch service is second to none. In China, the dispatch has its unique formation and logic development, dispatch in practice shows true face in the development phase, the re sults are saved on advantages and disadvantages of complex forms. Labor dispatch and typical, traditional labor marked difference is based on the relationship between employment and the change of use form ： consists of a copy of the contract, subject to two two party contracts, three main changes. Labor dispatch bearing remove many unresolved issues of the mission under the traditional employment model, in the development of the labor market in the interpretation of spontaneous generation, show meet the sending party, and the various interests of workers, and with the necessity and rationality of course it exists. So in practice, a variety of fake some kind of different appearances with the facts, so as to achieve the purpose or weaken the legal protection provided by the restriction phenomena emerge, and emerge one after another. Dispatch is the employer in the form of legal cover for its acts of circumventing legal purposes, a typical seemingly legitimate. Labor is essentially a specification of value concept of Justice, labor and justice to address the person as the subject of labor in the labor it should pursue the labor ＂income＂ system, from the labor justice, can be divided into three kinds of approaches： Endogenous approaches, External approaches, and hybrid approaches.