4차 산업혁명 시대 일본의 노동법 동향 ― 플랫폼 노동자의 법적 지위와 보호를 중심으로 ―
Labor Law Trends in Japan in the Era of the 4th Industrial Revolution — Focusing on the legal status and protection of platform workers —
- 발행
- 2025
- 소속·발행
- 건국대학교
- 출처
- 국내 KCI
- 원문등록
- 2025-06-16
- 원문
- 원문 보기 ↗
개념
키워드
일본, 플랫폼 노동, 노동기준법, 노동조합법, 근로자, 프리랜서, Japan, Platform Work, Labor Standards Act, Labor Union Act, Employee, Freelancer
초록
The purpose of this study is to analyze the legal status of platform workers in Japan under labor law, focusing on precedents and theories, and to examine trends in theories, government policies, and legislation for the legal protection of platform workers.
 Japan uses a concept of employee as a concept to determine who is subject to the labor law, but in substance, it is divided into the concept of employee under the Labor Standards Act centered on ‘human dependence’ and the concept of employee under the Labor Union Act centered on ‘economic dependence’. In general, the latter is interpreted as a broader concept than the former. Therefore, even if platform workers are not recognized as employees under the Labor Standards Act, they can be judged to be employees under the Labor Union Act. An example is the November 2022 Tokyo Regional Labor Relations Commission order that recognized the nature of employees under the Labor Union Act for Uber Eats couriers.
 Unlike Europe and Korea, in Japan, there are no judgments that recognize the employee's nature under the Labor Standards Act. Looking at the criteria for judging the employee's nature under the Labor Standards Act formed