미국 노동법상 디지털 플랫폼 종사자의 근로자성 판단 ― 2018년 캘리포니아 대법원 Dynamex 판결을 중심으로 ―

With the rapid digital transformation of many industries and the world of work, the legal status of digital platform workers, a new type of service provider who works through digital platforms and earns income, is being continuously questioned. Recently, the Korean Supreme Court has ruled that on-demand delivery worker via digital app is entitled to compensation under Korean Industrial Accident Compensation Act, but courts are still slow in protecting them as employees under the Labor Standard Act or Trade Union Act. In 2018, the Dynamex decision of California Supreme Court ruled that on-demand delivery workers are “employed” under California wage order No. 9. The decision is notable in the sense that it adopted the “ABC test” which is a much more inclusive way of deciding employees than the traditional U.S. common law approach. This is a significant legal change for many people who engages in income activities through digital platforms but were not protected by labor and social security laws such as minimum wage, working hours, rest and worker’s compensation.