플랫폼 노동자의 근로자성
A Study on the Legal Status of Platform Workers as Employees under the Labor Standard Act
- 발행
- 2021 등록KCI API에는 발행일 항목이 없어 원문 등록일을 쓰고 있습니다. 실측으로 발행보다 최대 6년 늦습니다 — 재수집하면 발행연월로 바뀝니다.
- 소속·발행
- 성신여자대학교
- 출처
- 국내 KCI
- DOI
- 10.46329/LLF.2021.2.32.1
- 원문
- 원문 보기 ↗
개념
키워드
플랫폼 경제, 근로기준법, 근로자, 입증책임, 입증책임의 전환, Platform economy, Labor Standards Act, Employee, Burden of proof, Conversion of the burden of proof
초록
There have been a lot of discussions on the platform workers as platform economy is being rapidly increased. Among them, there is little discussion about legal Status of platform workers as employees under the Labor Standard Act. The purpose of this paper is to examine legal status of platform workers. And through that, I try to propose some ideas to apply the Labor Standard Act to platform workers.
 To provide appropriate legal protection for platform workers, it is necessary to prevent platform enterprises from avoiding their responsibilities by misclassification of platform workers. To avoid misclassification, I suggest, the burden of proof to determine whether platform workers are employees under the Labor Standards Act should be shifted from platform workers to enterprises which uses them.