디지털플랫폼에 의한 긱노동(gig work) 종사자의 노동법적 문제와 개선방안

The purpose of this article is to suggest the legislative direction of improvement and policy considerations for protection of gig worker. To this end, I have reviewed the employment figures and working conditions of gig workers and the labor legal issues that need to be addressed. Technological advances – artificial intelligence, automation and robotics – will create new jobs, but those who lose their jobs in this digital transition may seize the opportunities as a gig worker. The working method by the digitalization and gig economy leads to profound changes in the field of business and work. Nevertheless, since the traditional labor law judges whether a worker is based on the subordinate employment relationship, it becomes difficult to regulate the new employment types due to the development of digital technology. The Labor Standards Act defines the worker as“a person, regardless of being engaged in whatever occupation, who offers work to a business of workplace for the purpose of earning wages.” Therefore, 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. It will be necessary to consider the necessity of formally defining certain subgroups as being independent from traditional labor law framework as regards legal protection coverage. It’s time to try a revolutionary change of labor law, removing restrictions on protecting gig workers.