특수형태근로종사자의 보호 : 걸어온 길, 가야 할 길

17 years ago, official discussions on the need of the protection for persons in special types of employment based on labor law was started. But there has been no achievement except article 125 (special case concerning persons in special types of employment) of the Industrial Accident Compensation Act for the legal protection for them. But some changes are detected. Courts seem to make efforts to apply the eased standards in interpreting the concept of an employee defined in the Labor Standard Act. Some of persons in special types of employment can associate unions based on the Trade Union and Labor Relations Adjustment Act. The need of legal protection for persons in special types of employment actively increases with the spread of digital platform employment. This paper perceived the problems and limits of the concept of persons in special types of employment and tries to show the need to change the way of thinking about that concept. Specially, as the spread of special types of employment, this paper tries to suggest how the labor law provides the legal protection for persons in special types of employment and to show what the contents of the labor law in providing the legal protection for them is. The most important premise of this paper is not to misclassify an employee into an non-employee. On the base of this premise, this paper tries to show that persons in special types of employment should be wholly guaranteed the labor's three primary rights and should be comprehensively applied the social insurance acts.