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Christina Hiessl and Jaewook Nahm

This chapter focuses on the role of ‘indirect employment’ in the Korean labour market and the country’s experience with addressing the problems caused by its use. The Korean example is taken as a basis for a discussion of the challenge that labour market dualization poses for the protection of fundamental rights at work. The chapter describes how contractual design prevents the access of the indirect workforce to fundamental rights guaranteed by the constitution and labour legislation, such as equality of treatment, protection of personal safety and collective representation. It explores the underlying causes of the current situation and its developments in Korea, illustrates the limits of legislative approaches in a complex socio-political environment, and discusses the difficulties associated with approaches that could bring about meaningful change.