디지털플랫폼에 의한 노무제공자의 근로자성 판단

The Labor Standards Act defines the worker as “a person, regardless of being engaged in wkatever occupation, who offers work to a business of workplace for the purpose of earnig wages.”Under the Trade Union and Labor Relations Adjustment Act, the term “worker” means a person who lives on wages, salary, or other equivalent from of income earned in pursuant ofany type of job. Therefore, whether a person can be considered an employee for the purpose of the labor law turns on whether that person may be considered to have offered work to business under a subordinate employment relationship. Whether an employment relationship is that of subordinate employment depends on various factors. The scope of an employee is determined through various multi-factored tests dependant on the facts of the relationship that may be derived from court precedents. A number of conditions apply that make it difficult to establish definitively that the on-demand workers or crowd workers should be regarded as employees. The working method by the digitalization and sharing economy leads to profound changes in the field of business and work. The legal policy that consist the legal protection advancing the labor law and it must be ensured that this change does not take place on the backs of the employees and their concerns are neglected.