복수의 사업주에게 노동력을 제공하는 자에 대한 산재보험 적용 방안

In a typical employment relationship, a worker provides her labour for an employer exclusively. More and more workers, however, provide their labour for several employers consecutively in recent decades. In determining whether one is an employee who is entitled to labour protections, one of criteria of the legal precedents is whether or not the worker provides labour continuously or exclusively to a certain employer. This article reviews the legal precedents and the application of the Industrial Accident Compensation Insurance Act (IACIA) of Republic of Korea, regarding independent workers and economically dependent workers with several employers. Since mid-2000s, the IACIA has provided some protections for a few job categories of these types of workers including owner-operators in road freight transport and construction industry, door-to-door delivery service persons and freelancers in art and culture. The IACIA, nevertheless, deals with these types of workers in a discriminative way on the assumption that they are the self-employed as providing their labour for several employers. Furthermore, this article analyzes the industrial structure and working conditions of these types of workers with the examples of door-to-door delivery service persons and freelancers in art and culture. Through this analysis, I argue that workers who provide their labour for several employers might be more vulnerable workers and in need of labour protections. In conclusion, I explore how labour laws such as the IACIA can identify the employers and their liabilities for rights of workers who work for several employers via the façade of self-employment.