As a special labor relationship expands due to the changes in industrial structure and the flexibility of the labor market, there occurs an area of issue which is hard to solve by the traditional interpretation. Since 1990, whether or not the nature of employee of newsman, tutor of study magazines, insurance solicitor and golf caddie could be recognized has been at issue. Seeing the cases which have been litigated so far, once the nature of employee of a person is denied, he/she could not be protected by the labor laws, so that the principle of all or nothing has been applied. Therefore, it is an actual condition that the advantages for the company and the labor have not been reasonably adjusted. The purpose of this essay is to help the aforementioned issue settled through the search for the solution on the basis of legislative theory. In Chapter 2, with respect to the concept of employee, will show the questionable situation that is causing a difficulty in applying the law due to the adherence to the traditional personal subordination. In Chapter 3, I will review the legislative laws governing the application of laws in the foreign countries which are introducing various approaches in accordance with the labor types and I will make suggestions for legislative improvements.