학습지교사, 야쿠르트 판매원의 근로자성 판단 ― 업무 특성에 따른 ‘근로기준법상 근로자성’ 판단의 틀 모색 ―

This article briefly reviews how the criterion of judgment for cases against an employee under the Labor Standards Act have changed since 1994. Furthermore, through the recent Workbook tutors and Yakult consignment salesmen cases, it takes a closer look at the standpoint of the court’s ruling of why these workers were not employees under the Labor Standards Act, and examines whether the court’s verdict was resonable. Finally, considering work characteristics of the Workbook tutors and Yakult consignment salesmen whose duty mostly involve sales outside the office and are compensated based on their performance, this article contemplates how it is appropriate to judge whether they are employees under the Labor Standards Act.