지금 왜 다시 사용자인가? : 플랫폼 노동관계에서 사용자 찾기
Why should we now identify the employer again? : Searching for the employer in platform labor relations
- 발행
- 2020 등록KCI API에는 발행일 항목이 없어 원문 등록일을 쓰고 있습니다. 실측으로 발행보다 최대 6년 늦습니다 — 재수집하면 발행연월로 바뀝니다.
- 소속·발행
- 인제대학교
- 출처
- 국내 KCI
- DOI
- 10.46329/LLF.2020.11.31.215
- 원문
- 원문 보기 ↗
개념
키워드
플랫폼 노동, 배달노동, 플랫폼 노동의 비전속성, 계약의 비대등성, 노동법상 사용자, platform labor, delivery labor, intermittency of platform labor, non-exclusiveness of platform worker, disparity of contract formation
초록
This paper is aimed to answer the question who the employer is in platform labor, especially the food delivery labor using digital platforms. The term, platform labor in this paper means “the tasks assigned by the platform and performed by workers in person.” People says we can't apply labor law to platform labor relations because of its high intermittency and non-exclusiveness. High intermittency of platform labor creates non-exclusiveness of platform worker. Non-exclusiveness of platform worker makes the term “employment without employer.” But those distinct features of platform labor make no logical basis for the reason why we shouldn't apply the labor law to the platform labor. They do not mean we can't apply the labor law to the platform labor, but we only have some difficulties to apply the labor law to the platform labor.
 Then who is the employer in platform labor relations? This paper focused on the disparity in labor market and labor contract. Subornination of employee to employer is not the cause but the effect of that disparity between employee and employer. This paper discussed that disparity based on the followings : ① who makes the decision of the price of the t