플랫폼노동의 쟁점과 향후 입법 · 정책적 과제

Abstract

The recent emergence of new employment types called as platform labor has different characteristics from the traditional employment type. Therefore, unlike the traditional employment relationship, the platform labor has the protective problem under the labor law. In fact, the platform labor consists of tripartite relationships (Demand-Platform-Supplier) in general although the contractual types are various. In this regard, this may lead to controversy over which the supplier’s employment pattern may be classified in its substance(Employees or self-employed). This controversy may lead to the following assignments of legislative policy for platform workers.BR First of all, the assignments of future legislative policy on the platform labor shall go through the social discussions and consultations sufficiently based on the survey of platform workers. In other words, it is necessary to prepare for the legislative measures to improve the working conditions and the environment by classifying the employment types after the fact-finding of platform workers is identified. In particular, the specific protection subjects and scopes shall be considered under the positions of interesting parties and the consistency of the labor-related law system. Finally, the law that is enacted or amended through social discussions and agreements shall be reviewed subsequently.BR Thus, the assignments of future legislative policy related to platform labor may be largely composed of three aspects. First, the systematic survey of platform workers is needed. The reason for this is that it has been difficult to prepare for the measures of legislative policy for platform workers since there are no official government statistics until now. Second, there is a need to prepare for the legislative measures for platform workers because the rapid spread of platform labor around the world recently so that Korea also needs the legislative action against it. Third, the Korean government needs to create the conditions in order that the stakeholders related to platform labor may prepare for a voluntary common code of conduct. The reason is that the legislative measures for platform workers are expected to take considerable time so that a short-term approach is needed.