플랫폼 노동에 대한 법적 규제 - 미국 우버(Uber) 사례의 시사점 -

There has been a heated discussion over whether “gig workers” should be classified as employees or independent contractors. Many of the gig workers providing services in digital platforms, such as Uber drivers, have been classified as independent contractors, which excluded them from receiving the benefits of the law of minimum wage, employment protection, and the right to unionize. Some argue that such gig workers have been wrongfully denied fair wages and unemployment benefits due to “misclassification” of their employment status as independent contractors, and they should be reclassified as employees. While others suggest different policy alternatives to tackle the misclassification issue, such as establishing a quasi-employee category or strengthening legal protections of independent contractors. This article analyzes the U.S. regulatory options on ride-hailing drivers and suggests its implication in South Korea. In 2019, the California state enacted Assembly Bill 5 (AB 5) which intends to reclassify Uber drivers as employees. On the other hand, in 2020, the Seattle City Council passed legislation that establishes a minimum compensation for Uber drivers while maintaining their employment status as independent contractors. Both policies might not be directly applicable to the Korean regulatory framework as Korea not only has a third worker category, which is Persons in Special Types of Employment (the “Special Workers”), but also restrains unfair trade practices against these Special Workers. Refining legislations on Special Workers to improve their working conditions might be a suitable option to reduce income inequality and other social problems in digital platforms.