지금 왜 다시 사용자인가?: 플랫폼 노동관계에서 사용자 찾기

Abstract

This paper is aimed to answer the question who the employer is in platform labor, especially the food delivery labor using digital platforms. The term, platform labor in this paper means “the tasks assigned by the platform and performed by workers in person.” People says we can’t apply labor law to platform labor relations because of its high intermittency and non-exclusiveness. High intermittency of platform labor creates non-exclusiveness of platform worker. Non-exclusiveness of platform worker makes the term “employment without employer.” But those distinct features of platform labor make no logical basis for the reason why we shouldn’t apply the labor law to the platform labor. They do not mean we can’t apply the labor law to the platform labor, but we only have some difficulties to apply the labor law to the platform labor. Then who is the employer in platform labor relations? This paper focused on the disparity in labor market and labor contract. Subornination of employee to employer is not the cause but the effect of that disparity between employee and employer. This paper discussed that disparity based on the followings: ① who makes the decision of the price of the task?, ② who holds the task?, ③ who directs and controls the task?, ④ who assigns the task?, ⑤ who has the opportunity to make interests and the risk of losses? Who corresponds to the ‘who’s in the above ①~⑤ should be regarded as the employer in platform labor relations.