Stevedores join port and transport workers’ unions, and so are deployed to stevedoring companies’ working spots, and then perform stevedoring works for the purpose of wages. So, stevedores clearly belong to workers under labor relation laws. Then, port and transport workers’ unions are labor unions under the Labor Union Act, as well as perform labor supply services, and so play a role of employers including employment, manpower arrangement, disciplinary actions, and work orders for stevedores, so that the precedent regards port and transport workers’ unions as the employer of stevedores under labor laws.

However, if port and transport workers’ unions belong to employers, labor supply service licenses under the Employment Security Law should be cancelled, port and transport workers’ unions should collect stevedores’ wages to pay the employer share of national pensions and health insurance premiums and insurance premium for industrial injury, and should pay stevedores’ severance pay, so that there are gaps in the protection of stevedores under labor laws.

Thus, the purpose of this study is to compare and analyze foreign cases, and so consider the dynamics between players in stevedoring relations, and then examine measures for protecting stevedores under labor laws. According to the results of this study, it will be the most effective in improving their legal status to regularize stevedores. In order to improve the legal status of irregular stevedores remaining after regularization, it is proper for labor and management jointly to create port solidarity business places, which are fictitious/constructive employers under labor laws. Through port solidarity business places, irregular stevedores can be protected from their employers under labor laws as well as can secure unemployment benefits and the stability of employment relations like regular employees. Port solidarity business places are negotiated between labor and management to be operated through contracts in the form of labor collective agreements, so that there is no dispute possibility.

However, the parties of collective bargaining should include existing port and transport workers’ unions and employer associations. Because port solidarity business places are non-profit organizations, they should be separated from the system in which interests between labor and management are conflicting like collective bargaining.

In the other hand, after the system of fictitious/constructive employers is established, it is desirable to expand such system to workers other than stevedores