플랫폼 아날로그 노동과 음식배달원의 근로자성

In the case of on-demand platform labor, where online orders are made and offline labor is made, there are more traditional labor than new ones. In other words, platforms are digital, but labour is still analog. In particular, food delivery is the type of business with the strongest traditional employees. Therefore, when determining the employee's nature under the Labor Standards Act of those engaged in on-demand platform labor, it is necessary to look at the labor behind the digital platform accurately. Food delivery mans at delivery agencies that use smartphone apps should be considered employees under the Labor Standards Act for the following reasons: First, the delivery charge of food deliverymen is performance-based, but the income of delivery fees is almost entirely time-dependent. The delivery fee is set by the employer , and there is no independent business feasibility for the food deliverymen. Second, food deliverymen are subject to specific and individual direction and supervision through digital platforms in the course of performing their duties. Third, the working hours and locations of food deliverymen are determined by the user. Constraints to working hours and places are recognized. Fourth, there is a mixture of autonomy and dependencies among individuals of food deliverymen, but a certain number of “wait-and-see pools” cause the dependency of the crowd. Food deliverymen who exist as a crowd are subject to employer.