플랫폼 노동, 제3의 지위가 해법인가? -미국의 입법 동향을 중심으로 -
A Critical Examination of a Third Employment Category for On-Demand Work in Korea (Analysis of the cases in the U.S.)
- 발행
- 2021 등록KCI API에는 발행일 항목이 없어 원문 등록일을 쓰고 있습니다. 실측으로 발행보다 최대 6년 늦습니다 — 재수집하면 발행연월로 바뀝니다.
- 소속·발행
- 노동문제연구소 解方
- 출처
- 국내 KCI
- DOI
- 10.46329/LLF.2021.2.32.25
- 원문
- 원문 보기 ↗
개념
키워드
플랫폼 노동, 제3의 지위, 회색지대, 오분류, AB 5, platform labor, the third category of worker status, grey zone, misclassification, AB 5
초록
As a way to protect platform labor, the so-called "grey zone" claim is being re-emerged around the world. According to it, the new platform labor is different from traditional workers in many ways, and is in the middle of an area that cannot be protected by conventional labor laws, so a new rule to make a third position needs to be legislated to protect them. The discussion begins with the premise that platform workers are in a blind spot where they are difficult to easily be recognized for reasons such as their employment type and work style and that they receive no legal protection under a dichotomous classification system. Thus, creating a trade-off that can protect them customarily and providing protection that is, if not in part, similar to the labor law may seems to be a development of the right to improve over the present state. Creating a third category of worker status, however, is a key to excluding platform workers from the application of labor laws.
 Currently, the areas that are mainly problematic with platform labor in Korea are those who carry out food delivery and transportation services, which are considered highly worker-like from various angles. In order to