issues, and this needs to be resolved. The workers should be able to provide labor in an environment where rights and safety are secured, and employers must not pursue profits at the expense of workers’ rights and safety. The international community believes that a plan must be prepared to protect the workers who are not protected due to the diversification of employment forms. In 2006, the ILO General Assembly adopted the ‘Employment Relationship Recommendation,’ which recommended establishing legal procedures and measures to resolve the issue of ‘disguised employment relationship,’ where the employer treats an individual as other than an employee to hide his/her true legal status, and that situations can arise where contractual arrangements have the effect of depriving workers of the protection they are due. The ILO Committee on Freedom of Association also expresses concern to the Korean government that prime contractors continue to use in-house subcontracting to evade the exercise of trade union rights, and it was recommended for the Korean government to take measures to strengthen the protection of the right to organize and collective bargaining (Report No.363, 2012). Thus, the university should be asked to take the responsibility for the problems of the cleaning workers’ wage and installation of rest areas, etc. Even in accordance with the Central Labor Relations Commission’s decision, in a subcontractor relationship, the primary contractor’s status as a party to the collective bargaining (employer) is recognized for certain parts in which the prime contractor exercises actual authority over the working conditions of subcontract workers.607) Rather than taking the position of ‘school is also a victim’ or that ‘the students are taken hostage,’ it is necessary for the school to respond to the issue as a party involved. On the other hand, social consensus between the protesters and the students is needed. Since a certain amount of noise is unavoidable in order to convey opinions to an unspecified number of people through assemblies or demonstrations, even the general public, not participating in the assemblies, have an obligation to accept it.608) On the other hand, the freedom of assembly is not unlimited, and certain regulations are in place to prevent damage 607) Legal Times, Should the prime contractor negotiate with the subcontractor’s union?, Jul. 2, 2021. 608) Supreme Court, Decided on Oct. 15, 2004, 2004Do4467 245

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