플랫폼 노동과 근로자성에 대한 최고법원 판례의 비교법적 검토
A Comparative Study on the Employment Status of Platform workers in Case Law
- 발행
- 2022
- 소속·발행
- 서울대학교 법학연구소
- 출처
- 국내 KCI
- DOI
- 10.69596/JLL.2022.03.81.263
- 원문등록
- 2022-03-15
- 원문
- 원문 보기 ↗
개념
키워드
디지털 플랫폼, 플랫폼 노동, 근로자, 노동자, 고용관계, 알고리즘적 통제, Digital labour platform, Platform work, Employee, Worker, Employment relationship, Algorithmic management
초록
In determining the existence of an employment contract relationship, Korean judicial precedents have consistently required the existence of a “user-subordinate relation”, holding that: the user-subordinate relation is determined by actual labour relations such as the existence of direction/supervision relations, wages as a price for labour, the nature and content of labour between the employer and provider of labour regardless of the form of the labour supply contract, be it contract of employment, contract for work, delegation or anonymous. While various indicators have been listed in judicial precedents, previously the courts noted an existence of ‘personal dependence’ such as whether the employer directed or supervised concretely and/or directly the performance of work, before other indicators.
 Like other jurisdictions, an emergence of new type of precarious work mediated via digital labour platform has challenged the validity of such case law. In particular, the claim that platform workers could freely choose whether, when and where they work makes the classification of platform workers more difficult.
 Against this, European courts are recently deciding that platfor